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

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

45 Pages Posted: 10 Feb 2008  

Evan Fox-Decent

McGill University - Faculty of Law

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

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: https://ssrn.com/abstract=1091454

Evan Fox-Decent (Contact Author)

McGill University - Faculty of Law ( email )

3644 Peel Street
Montreal H3A 1W9, Quebec
Canada

HOME PAGE: http://https://www.mcgill.ca/law/about/profs/fox-decent-evan

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