Ronald Dworkin gave a good example to illustrate what he called "strong" and "weak" discretion. Imagine a sergeant A who is told to pick "any five men" for a mission. Contrast her with a sergeant B told to pick "the five most experienced men". One has strong discretion, the other weak.
Showing posts with label interpretations of law. Show all posts
Showing posts with label interpretations of law. Show all posts
Friday, 6 December 2013
Wednesday, 26 June 2013
Reasonable Interpretations of Law: Some Thoughts
Not so long ago, I posted on "Deference and Reasonableness". I have also just posted some thoughts on rationality. It is quite timely, then, that I recently came across the reasons of Robertson J.A. in Small v. New Brunswick Liquor Corporation, 2012 NBCA 53, a case decided last summer. They deserve careful reading by anyone interested in reasonableness in administrative law.
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