The essential issue in this essay is that of the duty to give reasons. A duty to give reasons can be created either by statute or in the common law. There are three general sources from which a duty to give reasons can arise in Ireland. These are the Freedom of Information Acts of 1997 and 2001, the Constitution and EU Law. The giving of reasons is one of the cornerstones of the judicial function and a central aspect of the rule of law. The entitlement to reasons is not only an ‘indispensable part of a sound system of judicial review’, as Professor Wade described it, but also ‘a healthy discipline for all who exercise power over others’ There are two basic underlying reasons for giving reasons: first, a general objective of fairness in the decision making process. Second, the facilitating of judicial review. Furthermore, the giving of reasons acts as a defense against arbitrary decision making, the practice of partisanship in our courts and it aids hugely in the appeals process. The three main sources of a duty to give reasons (The …show more content…
The reasons that are set out must be reasons which will not only be intelligible, but which deal with the substantial points that have been raised.’ Many of the observations made in Mallak can find their genesis in South Bucks. For example, the reference in South Bucks to the need only to refer to the main issues, rather than every material consideration, is redolent of Mallak. In conclusion, it is the writer’s opinion that administrative authorities should have a general duty to give reasons imposed upon them. The fact is that in Ireland, we are practically at the point of a general duty to give reasons already. In England, the duty is more conservative, but in this jurisdiction, I think it’s time to embrace a general duty to give reasons, for the sake of clarity, fairness and