Can Pragmatism Function in Administrative Law?

Supreme Court Law Review, Forthcoming

43 Pages Posted: 2 May 2016

See all articles by Jocelyn Stacey

Jocelyn Stacey

University of British Columbia (UBC), Faculty of Law

Alice Woolley

affiliation not provided to SSRN

Date Written: April 15, 2016

Abstract

This article draws out the ways in which Justice Rothstein grappled with complexity in administrative law. It argues that Justice Rothstein took a pragmatic approach to complexity in administrative law. Specifically, he sought to articulate a framework for judicial review that was workable for administrative decision-makers, litigants, their lawyers and reviewing courts. In addition, he looked to past experience with judicial review, evidenced in judicial precedent, rather than focusing on abstract theoretical norms.

Keywords: administrative law, judicial review, deference as respect, Supreme Court of Canada

Suggested Citation

Stacey, Jocelyn and Woolley, Alice, Can Pragmatism Function in Administrative Law? (April 15, 2016). Supreme Court Law Review, Forthcoming, Available at SSRN: https://ssrn.com/abstract=2772221

Jocelyn Stacey (Contact Author)

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Alice Woolley

affiliation not provided to SSRN

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