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Choose One of the Following:
- The exercise of judicial review is balanced on an important constitutional tension between the legislative and judicial branches of government, one that the concept of the standard of review attempts to resolve. Explain.
- What functions do an administrative decision-maker’s reasons serve, and what role do they play in the judicial review of administrative action?
- Who is better suited to interpret the statutes that administrative decision-makers apply – the decision-makers themselves or the courts?
- How do courts review the substance of administrative decisions as opposed to the process by which they were reached? Does it make sense that the former aspect of a decision is reviewed for reasonableness while the latter aspect of the very same decision is reviewed for correctness?
- The SCC’s current approach to judicial review is built in part on Prof. Dyzenhaus’s concept of “deference as respect.” What does that term mean?
- Read the SCC’s recent decision in Vavilov. What are the majority and minority really disagreeing about
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