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| PDF Title : | The Province of Administrative Law |
|---|---|
| Total Page : | 410 Pages |
| Author: | Simon Halliday, Cowan David |
| PDF Size : | 22.0 MB |
| Language : | English |
| Source : | indianpdf |
| PDF Link : | Available |
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The Province of Administrative Law
In a sense, Professor Dyzenhaus may be saying that what I have termed a pragmatic and functional approach needs to be applied to the decisions of all tribunals.
Certainly, one could argue the value of this conclusion in the case of human rights tribunals as it may be only through such an approach, with the added normative consideration as regards policy questions, that their expertise and policy objectives can be taken into account.
However, at the very least, the pragmatic and functional model as it stands now has the potential to be similarly grounded in respect on the part of the courts for the reasons of those bodies which were created to carry out the social, economic, and other policies embodied in their enabling legislation. It remains to be seen how this doctrine will develop and upon what principles.