The rationale for the duty to give reasons by Stephen Carruthers https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56 Why impose a duty to give reasons? en-us 2020-11-23 16:54:37 UTC 2022-03-30 13:59:42 UTC hello@padlet.com https://padlet.net/icons/png/1f989.png Instrumental reasons stephencarruthers https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119958229 1. provides legitimacy of decision in eyes of affected individual
2. Enhance confidence in justice system
3. Improves   decision-making process
4. Improves rationality of decisions 
5. Facilitates review process
6. Enables constitutional review of statutory decision-making 

]]> 2022-03-29 18:20:14 UTC https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119958229 Non-instrumental reasons stephencarruthers https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119963979 1. Shows respect for dignity of person affected by decision
2. Promotes rule of law and fairness

]]> 2022-03-29 18:23:10 UTC https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119963979 Relationship of duty to give reasons and duty to act fairly stephencarruthers https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119983046 1. DTGR context specific 
2. Article 40.3.1 Constitution - fair procedures
“it seems … axiomatic that the rule of law requires all decision makers to act fairly and rationally, meaning that they must not make decisions without reasons” Fennelly J. in Mallak.


]]> 2022-03-29 18:33:25 UTC https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2119983046 Rights based rationale vs misuse of power stephencarruthers https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2120043776 Certainly, the rule of law/fairness rationale, in the sense that it promotes high standards in public decision-making, seems to be viewed in England and Wales as the most desirable primary rationale. The argument in favour of a broader rationale is perhaps more necessary in that jurisdiction where there is no equivalent constitutional guarantee of fair procedures. The reality is that the rights-based approach is so strongly supported by the corollary to the presumption of constitutionality identified in East Donegal Co-Operative Livestock Mart Ltd v Attorney General61 that the courts in this jurisdiction may not feel the need, as perhaps their counterparts in England and Wales have done, to embrace the broader rationale. Hilary Biehler]]> 2022-03-29 19:09:09 UTC https://padlet.com/stephencarruthers/kwmwh9tl75bg1x56/wish/2120043776