Can Pragmatism Function in Administrative Law?
Supreme Court Law Review, Forthcoming
43 Pages Posted: 2 May 2016
Date Written: April 15, 2016
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
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