Abstract
The idea of law as a resource has received some attention from public lawyers, notably M. Elliott. When the courts are called upon to determine the legality of central or local government's exercise of their statutory powers, and therefore the nature and extent of those powers, they are essentially concerned with two questions. Has there been an excess of power, and/or has there been an abuse of power? Although the concept of an electoral mandate is unknown in law, it is possible that it may be a relevant consideration to be taken into account when central or local government is exercising their discretionary powers. In order to support its decision the court sought to draw a distinction between ratepayers and transport users and to suggest that there was a conflict of interests between them. The fiduciary duty consideration overlapped in the GLC case, with the ‘ordinary business principles’ presumption which the House of Lords decided should apply to the case.
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