Description
Best legal services in Chandigarh the but-for test could be applied coherently in practice, the test is normatively unattractive. It is simply not apparent why the provision of protection to people against activity undertaken in contravention of the principles of good administration should depend upon the hypothetical preparedness of the Best legal services in Chandigarh to undertake the function in respect of which the power is exercised. Best legal services in Chandigarh is no suggestion, for example, that even if functions could be characterised as governmental, that power exercised in the carrying out of such functions, would necessarily affect individuals any more seriously, or qualitatively differently, from power exercised pursuant to so-called private functions. Indeed, in recent work Best legal services in Chandigarh has suggested that the exercise of public power may impinge upon the same individual interests as may the exercise of private power. The very consequence, however, of the courts’ reliance on the but-for test is that individuals are deprived of judicial review’s protection on the basis that the court is unprepared to find that the but-for test is satisfied.
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