Sentences with phrase «category of administrative decision»

The category of administrative decision - maker in the case — whether it be cabinet, a minister, or perhaps an adjudicative tribunal — is obviously of some relevance but we should not be making absolute assertions based thereon.

Not exact matches

Categories alone would be insufficient to account for the varied nature of administrative decision - makers.

It should be noted that the Court has, slowly but surely, narrowed both of these categories into nothingness (see Doré, where the Court decided that the constitutional determinations of administrative decision - makers are entitled to deference).

[11] The best way, in my view, for the courts to perform their constitutional role in our democratic system of reviewing administrative decisions is for the courts to eschew the standard of review categories altogether, and instead to focus on the factors that might lead to deference in any given case.

But the Supreme Court's other decisions make it clear that courts must defer to an administrative tribunal's interpretation of law, except on legal questions considered «of central importance for the legal system» (a category that notably includes constitutional questions).

So we've suffered through categorizations into jurisdictional error and non-jurisdictional error, legislative, administrative, quasi-judicial and judicial decisions, categories of correctness, reasonableness and patent unreasonableness and, now, categories of correctness and reasonableness.