6.3 Limitation and Control over Administrative Discretion

6.3.1 Political and Structural Accountability The minister's answer (the department's acts — the parliament's questions); the hierarchy's discipline (the superior's review — the appeal-within-the-administration); the audit-and- management (the internal controls; the performance's review). 6.3.2 Constitutional Limitation The rights' respect (the discretion's exercise within the fundamental rights — the Art 12-32 catalogue); the equality's discipline (the Art 18's non-arbitrariness — the class legislation's bar); the due-process faces (the fair procedure's constitutional reading). 6.3.3 Judicial Control: Extraordinary Jurisdiction, Judicial Review and Writ Jurisdiction The courts' checking: the writ machinery (Arts 133/144: the certiorari (the illegal exercise's quashing); the mandamus (the duty's enforcement); the prohibition (the excess's preventive); the habeas corpus; the quo warranto); the review's grounds: the illegality (the error-of-law; the unauthorised purpose); the irrationality (the Wednesbury-to-proportionality's line — the manifest unreasonableness; the irrelevant considerations; the bad faith); the procedural impropriety (the hearing's breach — the natural justice's violation); the fettering (the discretion's self-surrender — the policy's rigidification); the non-exercise (the abdication — the power's non-use). 6.3.4 Abuse of Discretion The abuse's catalogue: the improper purpose (the power's alien use); the irrelevant considerations (the wrong reasons — the malice, the favouritism); the bad faith (the dishonest exercise); the levelling-and-suppression (the honest consideration's exclusion); the discrimination (the equal cases' unequal treatment); the absurdity (the decision no reasonable authority could reach). 6.3.5 Failure to…