Sentences with phrase «substantive judicial review»

Making distinctions like this between categories of decision - maker in substantive judicial review is, in my opinion, a step in the wrong direction.

Once again, it seems we have lost our way on substantive judicial review.

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?

None of the opinions in Dunsmuir challenge the received view on the role of substantive judicial review being that of mediating a tension between legislative supremacy and the rule of law by policing the boundaries of administrative authority.

Binnie J.'s reasons aside, Dunsmuir is little more than formal acknowledgement of recent shifts in, and deficiencies with, the Supreme Court's attitude towards substantive judicial review.

Where an administrative decision - maker is protected by a strong privative clause and is deciding a matter within its sphere of «expertise» (including statutory interpretation and other questions of law), substantive judicial review is thus limited to whether the administrative decision - maker's interpretation of the law is so patently unreasonable that it can not be rationally supported.

The primary issue in substantive judicial review should always be what is the nature of the question decided by the administrative decision - maker and who as between the judiciary and the executive or its delegates is best - suited to have the final say in answering it.

Dunsmuir acknowledges the nature of the question as the most important factor in selecting the appropriate level of deference in substantive judicial review; endorsing what has been the reality for years despite claims that relative expertise is the most influential factor.

One can not also help but notice that in purporting to reformulate the pragmatic and functional approach to substantive judicial review, Dunsmuir consists of three concurring but inconsistent sets of reasons.

PDF Version: Some Thoughts on the Presumption of Deference under the Dunsmuir Framework in Substantive Judicial Review