Judicial Review and Compliance with Administrative Law [PDF]

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Judicial Review and Compliance with Administrative Law

Chapter 5 discussed the decision-making environment. Here the continuum relates to the extent to which there is a convergence between the demands of the law and the demands of alternative normative systems.

However, given that some level of competition is the norm, the continuum also relates to the strength of law within the environment, and this concern is perhaps more pertinent for our understanding of the influence of judicial review.

At the low end of the spectrum, the law is a weak normative force within the decision-making environment and is routinely trumped by other normative demands. At the high end of the spectrum, the law is the dominant influence or normative demands have converged and there is no competition at all.