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Article
Can Pragmatism Function in Administrative Law?
Supreme Court Law Review
Document Type
Working Paper
Publication Date
1-1-2016
Subjects
- administrative law; judicial review; deference as respect; Supreme Court of Canada
Disciplines
- Administrative Law,
- Courts and
- Law
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.
Citation Information
Jocelyn Stacey & Alice Woolley, "Can Pragmatism Function in Administrative Law?" ([forthcoming in 2016]) 74 Sup Ct L Rev (2d) 211.