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Law and change: Scottish legal heroes
Law and change: Scottish legal heroes

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2 What is the power and are there any limitations?

Structuring a challenge to a decision can be done in many ways. Anyone challenging a decision must be able to establish that there are grounds for challenge and that they have the ability (the legal standing) to make a challenge. Figure 2 provides an example of one way in which to structure gathering information when preparing to make a challenge.

Figure 2 Power

A decision-maker may appear to have unlimited powers. No matter how unlimited a power appears to be at first glance, there will be legal limits either:

  • on the power itself or
  • on how that power is used.

These will be set out in the legislation delegating the power.