1887

n Without Prejudice - The verb "may" (may be) more peremptory than "shall" and "must" : the law

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Abstract

Where an administrative act is challenged, much will depend on whether the statutory provision is mandatory or directory. Generally only mandatory provisions demand strict compliance to evade invalidity. Commonly it is automatically, but incorrectly, assumed that the verbs "shall" and "must" prescribe strictly mandatory acts or omissions from which little (if any) derogation is permissible, while the verb "may" affords the exercise of discretion.

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/content/jb_prej/10/3/EJC49159
2010-04-01
2016-12-07
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