Lectures in administrative law XX

Abstract

In certain situations, those in positions of authority may exploit their power to pursue objectives that exceed the intended scope of the law. In such cases, the exercise of power is considered to be for an improper purpose. A fundamental principle emerges: discretionary decision-making authority should not be employed for purposes other than those for which it was granted. When this occurs, it is said that the decision-maker or administrative body has utilized the law for an unauthorized or illegitimate reason or purpose, diverging from what is permitted by the applicable legislation. At this point, I would like to discuss the significant legal case known as the Blue Sisters case. The case revolves around a historical event in 1911 when Mrs. Emilia Clapp generously donated a hospital she had personally constructed to the Government of Malta. However, the donation was subject to a specific condition stated in the deed - the Sisters were bound by an obligation to utilize the donated premises as a hospital, catering to patients of all genders and nationalities in accordance with their Institute's rules. The deed conditions went on that if the Sisters failed to fulfil this obligation by either ceasing hospital operations or leaving Malta, full ownership of the hospital would be transferred to Government.