Academic

Edgar on the High-Low Policy Distinction in Austrailian Administratie Law

By Lawrence Solum

Andrew Edgar (Faculty of Law University of Sydney) has posted Tribunals and Administrative Policies: Does the High or Low Policy Distinction Help? (Australian Journal of Administrative Law, Vol. 16, pp. 143-156, 2009) on SSRN.  Here is the abstract:

The Australian administrative law literature identifies a number of factors for allocating weight to administrative policies by merits review tribunals. The primary consideration is the distinction between high policies, those made at the ministerial level, and low policies, those made at the departmental level. This article questions whether the high or low policy distinction assists in allocating weight to administrative policies. It argues that the distinction is problematic and that the scope of flexibility when applying policies should be assessed primarily by reference to considerations drawn from the particular regulatory context.

Full post as published by Legal Theory Blog on June 03, 2009 (boomark / email).