Acting for a proper purpose

Abstract

Powers are conferred by Parliament to public authorities for a specific purpose. It is, thus, sensible to argue that authorities may exercise such powers only in furtherance of that purpose. It is acknowledged, however, that a power could be exercised by an authority for a purpose which is different from what Parliament would have envisaged. When this happens, the act of the authority will continue to stand for as long as no challenge is brought before the courts or a quasi-judicial body and declared unlawful. The aim of this paper is to show how the purpose of a law could be established and then what public authorities should seek to ensure compliance with any such purpose.