Where does standard of review actually live in the public law material
Searched my index for reasonableness and got two hits, both in the wrong chapter. Under time pressure I would never find this. Where is it actually set out, and what did you index it under?
8 replies
Index it under judicial review rather than under the standards themselves, because that is how the question will come at you. Then put the whole framework on one card at the front of that tab.
Framework is short enough to carry. Reasonableness is the default on judicial review of an administrative decision, so that is your starting answer every time. Two families of reason to leave it. The legislature said so, usually a statutory right of appeal or a standard written into the statute. Or the rule of law demands it, and that is a closed list, constitutional questions, general questions of law of central importance to the legal system as a whole, and boundary disputes between two administrative bodies.
Not in one of those and you are on reasonableness.
the appeal one keeps slipping past me. so a statutory appeal is just a normal appeal then?
Yes and it is a good shortcut. Statutory appeal means ordinary appellate standards, so correctness on law and the deferential standard on fact and mixed.
I would index the appeal provision instead of the framework. You have two minutes and every pattern I have seen signposts it in the first line. Find the provision and you know where you are before you have read the facts.
Fair, though I would rather carry the default than depend on the signposting being there. Two of the sets I did had no appeal provision at all.
Sure. Probably both work, I just find a provision faster to look for than a category.
going to index it both ways and see which one I reach for
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