tag:blogger.com,1999:blog-7665355359899630254.post2179266886128842129..comments2023-12-20T07:29:21.752-05:00Comments on Administrative Law Matters: Sunstein on Breyer on Reasoned Decision-makingPaul Dalyhttp://www.blogger.com/profile/13433629868698007121noreply@blogger.comBlogger2125tag:blogger.com,1999:blog-7665355359899630254.post-88636076682133223162014-04-15T13:04:26.926-04:002014-04-15T13:04:26.926-04:00To be fair, Newfoundland Nurses involved the revie...To be fair, Newfoundland Nurses involved the review of an arbitration decision and responded to a particular problem: interventionist judges fastening on minor missteps in order to characterize a decision as unreasonable. That was inappropriate and deserved a response.<br /><br />But Newfoundland Nurses, and para. 48 of Dunsmuir, have now been taken as authorizing haphazard decision-making which reduces public law to a one-way assertion of authority: "Here is the record, here is our conclusion". Hard to get further from deference as respect...Paul Dalyhttps://www.blogger.com/profile/13433629868698007121noreply@blogger.comtag:blogger.com,1999:blog-7665355359899630254.post-30660718372519279312014-04-14T20:17:20.679-04:002014-04-14T20:17:20.679-04:00It's always bothered me that the SCC happily a...It's always bothered me that the SCC happily adopted Dyzenhaus' "respectful attention to the reasons that were, or could have been, offered" (too lazy to check if this is the exact quote but it's at least right in substance!) formulation for deference and then done so little to encourage reasoned decisionmaking. Even Newfoundland Nurses, which brings reasons to the fore as an explicit part of the reasonableness calculation, asks the "or could have been offered" part of that formulation - there's no demand for consistently reasoned decisions. All seems rather inconsistent with the supposedly applicable approach to review since Baker.Eddie Clarkhttp://www.twitter.com/Publicwrongsnoreply@blogger.com