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Extra resources for Administrative Justice : Central Issues in UK and European Administrative Law
43 The past emphasis on procedures combined with the reluctance of the courts to develop substantive principles has left public authorities with too wide a discretion (not to mention the burden) regarding the values to be considered 41 R v Central Birmingham HA ex p Collier (1988) (unreported), CA and R v Central Birmingham HA ex p Walker (1987) The Independent, 25 November. 42 Op cit, Laws, fn 32, p 73. 43 Op cit, Laws, fn 32, p 63, and op cit, Peters, fn 35, pp 51–52. 26 The Justice Issue and adopted in decision making.
24 Laws, ‘Judicial remedies and the constitution’ (1994) 57 MLR 213. 25 Prosser, ‘Test cases for the poor: legal techniques in the politics of social welfare’ (1983) CPAG. 16 The Justice Issue Following major success in the USA with test cases in welfare law, there was considerable optimism that the same strategy could be used to bring about similar changes in England. What was sought was not the resolution of individual cases designed to change points of law in isolation, but a series of cases tied in with other forms of action.
42 Op cit, Laws, fn 32, p 73. 43 Op cit, Laws, fn 32, p 63, and op cit, Peters, fn 35, pp 51–52. 26 The Justice Issue and adopted in decision making. Yet, where a decision results in the possibility that someone might lose their life, the very minimum requirement is that the processes by which the decision has been made are fair and the ‘evidence’ is not selected to suit unarticulated agendas or values.