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Expertise, Deference and Giving Reasons

Public Law, 2012

11 Pages Posted: 9 Aug 2011 Last revised: 16 Oct 2012

Farrah Ahmed

Melbourne Law School

Adam Perry

University of Oxford - Faculty of Law

Multiple version iconThere are 2 versions of this paper

Date Written: August 9, 2011

Abstract

There is a consensus among courts and commentators on the grounds for a duty to give reasons in administrative law. Traditionally, the duty has been justified as a way to promote good decision-making, show respect for the parties, and reveal potential grounds for a challenge to the decision. We argue that this traditional picture is incomplete, because it omits two important considerations that favour giving reasons. Giving reasons can provide evidence that a decision-maker is a relative expert, and thus provide evidence of a reason to defer to the decision-maker. Giving reasons can also indicate a decision-maker’s findings on specific issues, making it possible for an appellate or reviewing body to selectively defer to it. Together these points show that concerns of deference are relevant to when administrative decision-makers should give reasons.

Suggested Citation

Ahmed, Farrah and Perry, Adam, Expertise, Deference and Giving Reasons (August 9, 2011). Public Law, 2012. Available at SSRN: https://ssrn.com/abstract=1907183

Farrah Ahmed (Contact Author)

Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

HOME PAGE: http://www.law.unimelb.edu.au/melbourne-law-school/community/our-staff/staff-profile/username/Farrah

Adam Perry

University of Oxford - Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

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