24. Treaties and the exercise of discretionary powers.

24.     Treaties and the exercise of discretionary powers.

The rationality of the exercise of a discretionary power1 is not conditioned on consistency with the United Kingdom's treaty obligations2. Nor is it irrational for decision-makers not to have regard to any such obligation3. At the same time, it is not irrational for decision-makers so to have regard4. In none of these instances is the decision susceptible to challenge by way of judicial review. In contrast, where decision-makers expressly purport to have regard to a treaty obligation in reaching their decision5, a court may review the decision in the