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

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.

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