000			02338naa a2200169uu 4500
001			5111112162810
003			OSt
005			20190211160233.0
008			051111s2005 xx ||||gr |0|| 0 eng d
100	1		_aSOSSIN, Lorne _922391
245	1	0	_aDiscretion unbound : _breconciling the charter and soft law
260			_aToronto : _bIPAC, _cWinter 2002
520	3		_aThe issue of when, how and why the court may remedy the unconstitutional exercise of administrative discretion is largely unexplored. This study explores the relationship between discretion and the Charter and argues for a broader, more contextual approach to remedying the source of unconstitutional discretion. Guidance as to how to exercise broad discretionary authority comes in the form of "soft law," which encompasses a variety of non-legislative instruments such as policy guidelines and training materials, and which, more informally, extends to administrative culture. Administrative discretion involves choices and judgements usually shaped by a range of legal, bureaucratic, social and personal factors. Under present jurisprudence, the less precise a statutory discretion and the greater the reliance on non-legislative guidelines, the more difficult that discretion will be to subject to constitutional scrutiny. This article challenges this logic and concludes that respect for governmental accountability and the rule of law require bringing soft law out of the constitutional shadows. The first part of the analysis examines the regulation of discretion generally and soft law specifically outside the Charter. The second part analyses the leading case law on the regulation of discretion under the Charter. The third section explores the intersection of discretion, soft law and the Charter. Finally, the fourth section considers the problem of remedying unconstitutional exercises of discretionary authority. Alternative principles are suggested for the development and application of soft law, which envisions a central role for the Charter in rendering the discretionary decision-making process more accountable and just
773	0	8	_tCanadian Public Administration : the journal of the Institute of Public Administration of Canada _g45, 4, p. 465-489 _dToronto : IPAC, Winter 2002 _w
942			_cS
998			_a20051111 _b1216^b _cTiago
999			_aConvertido do Formato PHL _bPHL2MARC21 1.1 _c14070 _d14070
041			_aeng