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Showing posts from March 19, 2010

Discretion of Ministers'... a reasonable read...

I produce here one landmark English case – The padfield Case [1968] AC 997, decided by one of the most celebrated Judge of England- Lord Denning. This is how Lord Denning dealt with the case before it. His Lordship said- “It is plain to me that by these provisions parliament has provided machinery by which complaints of farmers can be investigated by a committee which is independent of the board and by which those complaints, if justified, can be remedied. No other machinery is provided. This case raises the important question: How far can the Minister reject the complaint out of hand ? Is the Minister at liberty in his unfettered discretion to withhold the matter from the committee of investigation and thus refuse the farmers a hearing by the committee ? And by refusing a hearing, refuse a remedy ? Mr Kemp, who appeared for the Milk Marketing Board, contended that the Minister need not consider the complaint at all. He could throw it into the waste paper basket without looking at ...