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

Australian Journal of Administrative Law, Vol. 16, pp. 143-156, 2009

Sydney Law School Research Paper No. 09/47

19 Pages Posted: 1 Jun 2009 Last revised: 20 Feb 2013

Andrew Edgar

The University of Sydney Law School

Date Written: June 1, 2009

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.

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

JEL Classification: K10, K23, K30

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: https://ssrn.com/abstract=1412591

Andrew Edgar (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

Paper statistics

Downloads
225
Rank
108,062
Abstract Views
1,077