22 August 2007
From Professing to Advising to Judging: a conference in honour of Sir Kenneth Keith
Tomorrow I'm speaking at the NZ Centre for Public Law and Faculty of Law at Victoria University of Wellington's conference honouring Sir Kenneth Keith (I am also one of the organisers of the conference).
A link to my paper is below:
> Dean R Knight, "A Murky Methodology: Standards of Review in Administrative Law"
It's a bit dry from pages 8-19 but you can probably skip over that stuff. And perhaps a touch too long as well but, as you'll see, it's a pretty vast and difficult area.
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2 comments:
Do you think the asymmetry of the "balanced" constitution (courts interpretation function a counterweight to parliament's ability to legislate, but judges' decisions on the scope or extent of judicial review in essence reviewed only by other judges) supports heightened deference by the judicial arm?
um...
1. I think it's clear courts don't just "interpret" law. They are law-making just as much as parliament - albeit in different ways and spheres...
2. One of the basic themes is my article is that, if the courts are more aggressive with their scrunity, we need to more creatively identify the different controls on their power. They are implicit in the system, but they depend on transparency and honesty in expression of judicial methodology... hence my claim that we need a more open and robust framework for identifying standards of review.
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