
Contents
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41.1 Brief Outline of Law on Reasoning Processes in English Law Jurisdictions 41.1 Brief Outline of Law on Reasoning Processes in English Law Jurisdictions
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41.2 Some Points of Divergence Among the English Law Jurisdictions 41.2 Some Points of Divergence Among the English Law Jurisdictions
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41.2.1 Approach to Multiple Purposes: New Zealand Innovations 41.2.1 Approach to Multiple Purposes: New Zealand Innovations
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41.2.2 Rights as Mandatory Considerations in Australia and New Zealand 41.2.2 Rights as Mandatory Considerations in Australia and New Zealand
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41.2.3 Reflections on these Divergences 41.2.3 Reflections on these Divergences
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41.3 Relevance and Purpose Grounds in France 41.3 Relevance and Purpose Grounds in France
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41.4 Limited Review in Authoritarian Systems May Not Include Reasoning Process Review 41.4 Limited Review in Authoritarian Systems May Not Include Reasoning Process Review
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41.5 Broader Scrutiny of Reasoning Processes Beyond Legality of Inputs 41.5 Broader Scrutiny of Reasoning Processes Beyond Legality of Inputs
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41.5.1 The American Hard Look Approach 41.5.1 The American Hard Look Approach
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41.5.2 A South African Version of Hard Look Review? 41.5.2 A South African Version of Hard Look Review?
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41.6 Does Deference on Statutory Interpretation Extend to Reasoning Process? 41.6 Does Deference on Statutory Interpretation Extend to Reasoning Process?
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41.6.1 United States 41.6.1 United States
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41.6.2 Canada 41.6.2 Canada
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41.7 Limited Scrutiny of Reasoning Processes due to Greater Focus on Outcome 41.7 Limited Scrutiny of Reasoning Processes due to Greater Focus on Outcome
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41.7.1 Canada 41.7.1 Canada
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41.7.2 Germany 41.7.2 Germany
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41.8 Correlations With Types of Governmental or Legal Systems 41.8 Correlations With Types of Governmental or Legal Systems
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41.9 Reflections 41.9 Reflections
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References References
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41 Judicial Review of Administrative Reasoning Processes
Get accessHanna Wilberg is Associate Professor of Law at the University of Auckland
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Published:15 December 2020
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Abstract
This chapter surveys the comparative administrative law literature on the judicial scrutiny and control of administrative reasoning processes. The chapter takes as its starting point the English, Australian, and New Zealand approach to this topic—commonly known in these jurisdictions as judicial review on the grounds of improper purpose, irrelevant considerations, and mandatory considerations. Some minor divergences between these jurisdictions are noted, as is the fact that the French approach shares at least some similar features. The chapter then identifies a range of other jurisdictions whose law on this topic has one or more features that differ from the English approach in interesting and potentially illuminating ways. The other jurisdictions touched on are Canada, the US, South Africa, Germany, and China. The different approaches identified are: no review of reasoning processes, scrutiny of reasoning processes on a much broader basis, different approaches to the intensity of review, and a shift away from review of reasoning processes to assessment of outcomes. The final sections of the chapter briefly consider possible correlations with system types, and offer some concluding reflections.
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