We are struggling to reconcile parliamentary sovereignty, which suggests giving effect to legislative attempts to insulate administrative decision -
makers from judicial review, and the Rule of Law, which, as Dicey himself suggested, requires courts of justice to apply the law.
Not exact matches
From the perspective of any administrative decision -
maker, isn't the import of this sort of decision that it is better to provide coherent reasons to survive substantive
judicial review?
Otherwise the court risks becoming a primary decision -
maker, which is some distance
from the arm's - length oversight which
judicial review traditionally provides.
Here is the first of several extracts
from a paper I am working on, on the subject of convergence and divergence in English and Canadian administrative law At first glance, administrative law in Canada, where courts regularly defer to administrative decision -
makers» interpretations of law and
judicial review of administrative action is organised around the concept -LSB-...] Read more