Abstract

http://ssrn.com/abstract=1091454
 
 

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The Internal Morality of Administration: The Form and Structure of Reasonableness


Evan Fox-Decent


McGill University - Faculty of Law


THE UNITY OF PUBLIC LAW, David Dyzenhaus, ed., Hart Publishing, 2004

Abstract:     
The paper discusses the difficulty judges face when they review decisions of administrative decision-makers that fail to give significant weight to human rights considerations arising from international treaties. The author sets out a framework for judicial review under administrative law which places of human rights and fundamental values at the heart of a proportionality inquiry into the reasonableness of administrative decisions. This framework attempts to save review of legality from collapsing (entirely) into review of the merits.

Number of Pages in PDF File: 45

Keywords: rule of law, judicial review, international law, human rights, legality

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Date posted: February 10, 2008 ; Last revised: November 9, 2008

Suggested Citation

Fox-Decent, Evan, The Internal Morality of Administration: The Form and Structure of Reasonableness. THE UNITY OF PUBLIC LAW, David Dyzenhaus, ed., Hart Publishing, 2004. Available at SSRN: http://ssrn.com/abstract=1091454

Contact Information

Evan Fox-Decent (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
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