The courts will henceforth have to consider the merits of administrative decisions and not only whether such decisions conformed to the proper procedures.The uncertainty produced by incorporation has spawned fears that the courts will be overwhelmed by legal actions, many of them vexatious.
Apart from some intense public commentary over the merits of these decisions -- three public censures and one removal from office -- these cases had at least one thing in common.
Meeting in small groups with supervisors, they debated the merits of various decisions -- including the retention of Mr. Heyward -- and vowed to continue to pursue the kind of aggressive investigative reporting that had long been the network's trademark, albeit through new layers of scrutiny.
Yet regardless of the merits of the decisions that caused Dempsey to explode – and even before his dismissal referee Daniel Radford had already probably done enough to ensure that the police escort he received off the field was coming anyway – the player's actions didn't leave any room for leniency.
The rationale for this rule is that it is the Court's role in judicial review of administrative action to scrutinize the legality and not the merits of the decisions of public authorities.
This is arguably inconsistent with the court's traditional role in judicial review which is to avoid examining the merits of administrative decisions and only scrutinize them for compliance with the law.
Nonetheless, the transparency of GRADE is a key asset here, as clinicians can see how the guideline committee came up with the recommendations and thus can weigh the merits of alternate decisions.
The House Judiciary Committee has emphasized that it wants to discuss how to carry out the court's decision, not the merits of the decision itself, which came after three gay couples sued when their town clerks denied them marriage licenses.
In his speech, Lord Hoffmann reiterated that the courts are concerned only with the legality of the decision-making process and not with the merits of the decision: The Singapore case Chew Kia Ngee v. Singapore Society of Accountants (1988), though not a judicial review application, illustrates how a decision-maker acts incorrectly if it fails to take into account relevant considerations.
For homework, they write essays evaluating the merits of the decision.
