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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.
That presumption of reasonableness has since led to a more deferent view being taken by courts in Canada in reviewing administrative decisions. [ 11 ] In addition, the ruling has effectively ensured that most forms of public employment are best viewed through the lens of private employment law principles, irrespective of whether the affected ...
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]
Thus turning to a reasonableness review, the court found that the City of Johannesburg's policy in Phiri was reasonable and lawful; both the six kilolitre free basic water allowance and the introduction of prepaid metres were compliant with section 27 of the Constitution, with the Water Services Act, 1997, and with the city's own bylaws.
The Court found that the test in R. v. Oakes (which is used to determine whether a law that infringes a section of the Charter is unconstitutional under section 1 of the Charter) does not apply to administrative law decisions, although there is "conceptual harmony" between the review for reasonableness and the Oakes framework.
Next, thrust in an inward and upward motion on the diaphragm. This will force air out of the lungs and remove the blockage. Repeat these abdominal thrusts up to five times, the doctor advised.
Brinegar v. United States, 338 U.S. 160 (1949), was a United States Supreme Court case employing the "reasonableness test" in warrantless searches.The Court held that while the police need not always be factually correct in conducting a warrantless search, such a search must always be reasonable.