Jasim for Judicial Review: Decision-maker Discretion and Quality of Process in Making Delegated Legislation.

The article focuses on the judicial review case of Jasim, in which a Scottish student challenged the Student Awards Agency for Scotland's (SAAS) refusal of state funding based on eligibility criteria requiring settled status and long-term residency, arguing these breached her rights under the European Convention on Human Rights (ECHR). The Court of Session found the relevant Scottish Regulations unlawful, emphasizing the lack of discretion afforded to decision-makers and the insufficient consideration of proportionality and legislative process quality. The judgment highlights the importance of judicial scrutiny intensity in education-related discrimination cases and suggests that including discretionary powers in funding regulations could better balance individual rights and policy aims. The decision has broader implications for Scottish and English student funding regulations, particularly regarding eligibility criteria and the legislative consultation process.