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Dunsmuir does not stand for the proposition that the "adequacy" of reasons is a stand‑alone basis for quashing a decision or as advocating that a reviewing court undertake two discrete analyses: one for the reasons and a separate one for the result. It is a more organic exercise; the reasons must be read together with the outcome and serve ...
Accountability for reasonableness is an ethical framework that describes the conditions of a fair decision-making process. It focuses on how decisions should be made and why these decisions are ethical. It was developed by Norman Daniels and James Sabin and is often applied in health policy and bioethics. [1]
Rational basis review is not a genuine effort to determine the legislature's actual reasons for enacting a statute, nor to inquire into whether a statute does in fact further a legitimate end of government. A court applying rational basis review will virtually always uphold a challenged law unless every conceivable justification for it is a ...
In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose".
Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case in which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his or her person.
The reasonableness test requires the court to assess the behaviour of the parties in the events which occurred prior to the making of the alleged representation, according to the following criteria: The representation may arise from either the words used or the behaviour of the parties.
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest".
The reasonable person, and reasonableness itself, extends to the concept of reasonable and probable grounds as a justification for the exercise of power (or discretion). Reasonable and probable grounds differ from that of the reasonable person and the test of reason.