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One can describe Johnson's decision as quasi-judicial (as defined by the 1929 committee referenced above) in that it had some of the attributes of a judicial decision, but not all, and it ended in an exercise of discretion (by Johnson).

In 1945 an Oxford academic pre-empted this part of my article when he wrote [12]: "It may be asked why, if a quasi-judicial process ends only in an exercise of discretion, it is worth while insisting on the strict presentation of rival claims and the proper ascertainment of evidence!

The answer is that a discretion which is demonstrably groundless, or exercised in ignorance or at random, is not, in the eyes of the law, discretion at all, but mere caprice." The desire to present administrative decisions as more than "mere caprice" can be seen in the so-called "consultations" and the contrived justifications administrators use to explain their actions.

In 1896, John Theodore Dodd, a councillor and Poor Law guardian, wrote about the "almost insuperable" task of obtaining an Act of Parliament for the Poor Law reforms he wanted.

He saw that reform by administrative processes was much swifter and was protected from the views of those who didn't agree, whom he dubbed "the obstructive minority" [2].

Liberty was at the heart of the constitution, that is to say that the importance of liberty to the way of life in England went before the laws and the laws were built upon that foundation.

Now the constitution is considered merely a dry academic topic and the spirit of liberty is all but forgotten.

That's the headline figure for the consultation report, surely.