Reparation (Greens Practice Library)

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In practice. he joined with Clarke and Handley JJA in declining to follow Hong Kong Bank and Mercantile Mutual. Many factors influence courts in judicial review.� Some authors have referred to these many factors as "mood factors."� Obviously, the main factors influencing judicial review are the basic tests such as the substantial evidence for facts and whether findings were properly made and explained.� Other factors include the floodgates arguments (courts do not want to make a decision that will open the floodgates of litigation), the degree of interference with agency functions, the confidence that the agency has won from its past record of action and litigation, the value of uniformity of agency decisions over time (courts are seen as likely to give less uniform responses), the reluctance of courts to get involved in the application of the facts to the law, the special judicial sensitivity to such issues as individual liberty, the judicial reluctance to interfere until the fact gathering process has ended and the agency has exercised the full extent of its discretion.� Courts often identify the importance of maintaining the separation of powers doctrine in the federal system and do not make decisions that would tend to put the judiciary in a predominant position.� In brief, judicial review should be seen as both a technical subject of legal doctrine and statutory interpretation as well as an eminently practical process that also looks to the impact of court decisions on the day to day operations of both the agency and the court.

Pages: 688

Publisher: W.Green (June 29, 2000)

ISBN: 0414010248

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