| Administrative law |
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| General principles |
| Grounds for judicial review |
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Administrative law in common law jurisdictions |
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Administrative law in civil law jurisdictions |
| Related topics |
Fettering of discretion by a public authority is one of the grounds of judicial review in Singapore administrative law. It is regarded as a form of illegality. An applicant may challenge a decision by an authority on the basis that it has either rigidly adhered to a policy it has formulated, or has wrongfully delegated the exercise of its statutory powers to another body. If the High Court finds that a decision-maker has fettered its discretion, it may hold the decision to be ultra vires – beyond the decision-maker's powers – and grant the applicant a suitable remedy such as a quashing order to invalidate the decision.
It is not wrong for a public authority to develop policies to guide its decision-making. Neither will it necessarily be considered to have fettered its discretion by adhering to such policies, as long as it approaches decisions with an open mind and is willing to give genuine consideration to each case at hand. It has been noted that by endorsing its application in this manner, the High Court has given legal effect to informal rules or policies, which therefore amount to "soft law".
Where a statute gives a decision-maker a discretionary power, it is generally unlawful for the decision-maker to delegate that power to another person or body unless the statute itself expressly provides that this may be done. Thus, it is illegal for a decision-maker to abdicate its responsibility of exercising power by taking orders from other bodies. The Carltona doctrine of English administrative law (which Singapore inherited at independence) allows a civil servant to take a decision on behalf of a minister, even where the statute confers discretion on the minister. The Interpretation Act of Singapore provides that the exercise of a minister's power may be done under the signature of the permanent secretary to the ministry which the minister is responsible for, or by any public officer authorized in writing by the minister. In addition, ministers are permitted to depute other persons to exercise certain powers or perform certain duties on their behalf.