Sentences with phrase «unreasonableness of an administrative decision»

Abstract In a nutshell, the majority of the Court in Meadows v. Minister for Justice held that proportionality would be relevant in determining the reasonableness or unreasonableness of an administrative decision affecting rights.

Not exact matches

The majority opinion justifies the need to merge reasonableness simpliciter with patent unreasonableness on now familiar grounds that: (i) the two standards are impossible to distinguish in application, despite good intentions in selecting a «middle ground» standard where pragmatic factors point both for and against judicial deference; and (ii) patent unreasonableness contemplates judicial endorsement of an «unreasonable» administrative decision.

Yes, this looks a lot like the Pushpanathan list of factors, [14] but the difference is that these factors are being considered not to decide on the standard of review — correctness, reasonableness and patent unreasonableness — but rather to determine the extent to which the court should defer to an administrative decision in the context of a particular case and a particular question — that is, the range of options that are legally open to the decision maker.

In Dunsmuir, the Supreme Court set out to do two things: first, to simplify the standards of judicial review by eliminating the patent unreasonableness standard, and second, to strike a balance between upholding the rule of law — that is, ensuring that administrative decision makers adhere to the law as written by legislatures — and according sufficient deference to the administrative decision maker to allow them to provide substantive «meat» to the legislative bones.

To deny WCAT's practice of reconsidering its decisions for patent unreasonableness would increase the necessity for court proceedings and would be contrary to the purpose of the legislation and the principles of administrative law.

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.