Abstract

http://ssrn.com/abstract=1412591
 


 



Tribunals and Administrative Policies: Does the High or Low Policy Distinction Help?


Andrew Edgar


University of Sydney - Faculty of Law

June 1, 2009

Australian Journal of Administrative Law, Vol. 16, pp. 143-156, 2009
Sydney Law School Research Paper No. 09/47

Abstract:     
The administrative law literature identifies a number of factors for allocating weight to administrative policies by merits review tribunals. The primary consideration is the distinction between high policies, those made at the ministerial level, and low policies, those made at the departmental level. This article questions whether the high or low policy distinction assists in allocating weight to administrative policies. It argues that the distinction is problematic and that the scope of flexibility when applying policies should be assessed primarily by reference to considerations drawn from the particular regulatory context.

Number of Pages in PDF File: 19

Keywords: administrative law, tribunals, adjudication, administrative policies, policy review

JEL Classification: K10, K23, K30

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Date posted: June 1, 2009 ; Last revised: February 20, 2013

Suggested Citation

Edgar, Andrew, Tribunals and Administrative Policies: Does the High or Low Policy Distinction Help? (June 1, 2009). Australian Journal of Administrative Law, Vol. 16, pp. 143-156, 2009; Sydney Law School Research Paper No. 09/47. Available at SSRN: http://ssrn.com/abstract=1412591

Contact Information

Andrew Edgar (Contact Author)
University of Sydney - Faculty of Law ( email )
Faculty of Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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