Was Bromley Rightly Decided?

Was the determination in Bromley the right one? In July 1981, the greater London Council(GLC) implemented a resolution contained in the jade party manifesto to the effect that, if re-elected, the Labour council would reduce dishonour fares by 25% and meet the cost by change magnitude the general rate. The council was re-elected, followed through their promise. Bromley London Borough Council, one of the councils affected by this policy, brought an action in the High Court claiming that the GLC was acting outside the powers given by the act of Parliament. The case reached the House of Lords where it was held that the GLC had acted basal vires the relevant legislation , breaching its fiduciary duty. This finding sparked political literary argument and faced heavy criticism from the public and Labour supporters. Although the decision may indeed experience had political consequences, on breeding the judgements it does not appear to be unjust. This essay will contemplate whether the five Judges in the House of Lords based their decision on legal grounds alone, alongside analysing the weight of the overwhelming criticism it received. Various academic opinions will be discussed in relation to the extent to which the law should allow for policy.

The judgement appears to have been determined on three grounds, all of which will be discussed. The first, comparatively narrow and rather technical point, is made by Lord Justice Oliver; the GLC is governed by statute, and therefore, can only exercising within the powers given by the relevant act. With the exception of divide 1(3), there is no other power given to the council to baron its own policy. The only way of initiating the exercise of that power is by a direction under the subsection. There has never been both such direction in this case, therefore the GLC acted unlawfully in considering themselves bound by the promise in their manifesto. This concept is relatively straightforward, and it would seem reasonable to assume that the majority of... If you want to hit a full essay, order it on our website: Ordercustompaper.com

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