A Merits Review Definition Judicial review: – - A Consideration of the legality of the decision and the Involves process A consideration of the merits of the particular decision Does Not Involve – Definition Merits Review: – Consideration of the merits of a particular matter: A decision-maker providing an adverse decision to Decision-maker – an applicant based on their understanding of the law as relevant to the applicants submissions and relevant policy. A body or tribunal who can rehear a matter an Merits Review Body – remake a decision based on its understanding of the law as relevant to the applicants submissions and relevant policy. What is the purpose of a Merits Review? The affirmative arguments for a merit review include: The decision-maker could have based Erroneous Considerations – their decision on erroneous information. The exercise of discretion was simply Discretion was inappropriate – inappropriate The entire matter can be remitted to an independent Reconsideration – body to reduce the risk of the decision being incorrect which encourages to carefully ensure that their decisions First Decision-Maker – are accurate, reasonable and sound on the basis of the information before them Allows a impartial and independent tribunal Correct Errors – to approach new cases and correct wrong decisions. The negative arguments include: Infers that Governments extend the time for decisions Inefficiencies– to be made Any reviewing body is still part of the Not impartial ‘truly’ – Government and therefore part of the Executive Branch. Must balance: The right to individual justice and have a fair, reasonable and impartial Executive arm Society demands that the executive branch is efficient.
A Merits Review Definition – Judicial review: Involves - A Consideration of the legality of the decision and the process Does Not Involve – A consideration of the merits of the particular decision Definition – Merits Review: Consideration of the merits of a particular matter: Decision-maker – A decision-maker providing an adverse decision to an applicant based on their understanding of the law as relevant to the applicants submissions and relevant policy. Merits Review Body – A body or tribunal who can rehear a matter an remake a decision based on its understanding of the law as relevant to the applicants submissions and relevant policy. What is the purpose of a Merits Review? The affirmative arguments for a merit review include: Erroneous Considerations – The decision-maker could have based their decision on erroneous information. Discretion was inappropriate – The exercise of discretion was simply inappropriate Reconsideration – The entire matter can be remitted to an independent body to reduce the risk of the decision being incorrect which encourages First Decision-Maker – to carefully ensure that their decisions are accurate, reasonable and sound on the basis of the information before them Correct Errors – Allows a impartial and independent tribunal to approach new cases and correct wrong decisions. The negative arguments include: Inefficiencies– Infers that Governments extend the time for decisions to be made Not ‘truly’ impartial – Any reviewing body is still part of the Government and therefore part of the Executive Branch. Must balance: The right to individual justice and have a fair, reasonable and impartial Executive arm Society demands that the executive branch is efficient.
Administrative_Summary.docx