Constitutional and administrative regulation is a specialisation of the master’s programme Rechtsgeleerdheid (Legislation) on the famend Leiden Regulation College of Leiden University. An administrative actor created by statute should by no means be put beyond evaluate, new-fangled theories of constitutional structure” and administrative regulation constitutionalism however. The priority right here is that the choice beneath assessment is considered as presumptively authorized when there isn’t any purpose to presume it so.
The primary situation: if we accept the CJC’s argument, we can conclude that no less than some of the administrative state is constitutionalized, just because a s.96 choose (appearing non-judicially) is on the committee. Deferential judicial review of administrative action is a failure of the Rule of Law as Professor Raz understands it, however it is hardly the worst failure one can think about, not less than as long as some meaningful evaluation is still concerned.
Though review for conformity … Read More