Padfield (supra) was decided in 1966 and ten years later, in 1976, Laker Airways Ltd v Department of Trade (1977) Q.B. 643 decided that the exercise of the Crown’s prerogative being discretionary, the courts are entitled to see that it is not exercised improperly or mistakenly; and it would be improper to cancel the designation of the Airline, by use of the prerogative power, at a stage when all the necessary steps had been completed – a cancellation which threatened the subject with material loss.
MINISTER MUST DISCHARGE FUNCTION JUDICIOUSLY
A Minister is a public officer charged by the legislature of this country with the duty, of discharging a public discretion affecting, the citizens. He must discharge that function judiciously. – Aniagolu JSC. Stitch v. AG (1986) Was this dictum helpful? Yes 0 No 0...