Tribunals and Administrative Policies: Does the High or Low Policy Distinction Help?
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
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
Date posted: June 1, 2009 ; Last revised: February 20, 2013