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Misfeasance in public office is a cause of action in the civil courts of England and Wales and certain Commonwealth countries. It is an action against the holder of a public office , alleging in essence that the office-holder has misused or abused their power. [ 1 ]
In December 2020, the Law Commission issued a report recommending the common law offence of misconduct in public office be abolished, and replaced with two new statutory offences; one of 'corruption in public office' and another of 'breach of duty in public office'. [13] As of 2024, the government has not issued a response to the report. [14]
The rule was already long established at common law in relation to silence during trial; both rules were weakened by the Criminal Justice and Public Order Act 1994 R v Waterfield [1963] 3 All E.R. 659 police power to stop and detain, an assault charge against an officer was invalid as the officer was not acting in execution of duty
Abuse of power or abuse of authority, in the form of "malfeasance in office" or "official abuse of power", is the commission of an unlawful act, done in an official capacity, which affects the performance of official duties. Malfeasance in office is often a just cause for removal of an elected official by statute or recall election.
For example, if a company hires a catering company to provide drinks and food for a retirement party, and the catering company fails to show up, it is considered nonfeasance. If the catering company shows up but provides only the drinks (but not the food, which was also paid for), it is considered misfeasance.
United Kingdom administrative law is part of UK constitutional law that is designed through judicial review to hold executive power and public bodies accountable under the law. A person can apply to the High Court to challenge a public body's decision if they have a "sufficient interest", [ 1 ] within three months of the grounds of the cause of ...
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Judicial misconduct occurs when a judge acts in ways that are considered unethical or otherwise violate the judge's obligations of impartial conduct.. Actions that can be classified as judicial misconduct include: conduct prejudicial to the effective and expeditious administration of the business of the courts (as an extreme example: "falsification of facts" at summary judgment); using the ...