Duty To Give Reasons For Administrative Decisions

In December 2012, the Supreme Court overturned a High Court decision whereby decision-makers have a duty to provide reasons for their decisions. This article reviews the unanimous decision of the Supreme Court in this regard in the case of Mallak v Minister for Justice, Equality and Law Reform.

Recent Supreme Court jurisprudence has further developed the increasing scrutiny of public bodies in the public interest, despite the limited resources available to them, by finding, unanimously, that decision-makers do have a duty to give reasons for their administrative decisions.

The unanimous decision of the Supreme Court in this regard was delivered by Fennelly J., on 6 December, 2012 in Mallak v Minister for Justice, Equality and Law Reform.