Substitution-Of-Judgement Doctrine

Substitution-Of-Judgement Doctrine
Substitution-Of-Judgement Doctrine
Quick Summary of Substitution-Of-Judgement Doctrine

The substitution-of-judgement doctrine in administrative law allows a court to exercise its own judgement when reviewing a decision made by a government agency. Instead of blindly accepting the agency’s interpretation of laws and rules, the court can independently interpret them if the agency’s interpretation is unhelpful or if the rules do not necessitate the agency’s specialized knowledge.

Full Definition Of Substitution-Of-Judgement Doctrine

In administrative law, the substitution-of-judgement doctrine is a standard utilised to assess an agency’s decision. This doctrine allows a court to use its own independent judgement to interpret laws and administrative regulations, rather than relying on the agency’s interpretation. If an agency’s decision is unclear or does not require specialized expertise, the court may use the substitution-of-judgement doctrine to review the decision. This means that the court will interpret the laws and regulations itself. Additionally, if an agency’s decision is challenged in court, the court may use the substitution-of-judgement doctrine to review the decision and ensure that it complies with the law and regulations.

Substitution-Of-Judgement Doctrine FAQ'S

The Substitution-of-Judgment Doctrine is a legal principle that allows a court to substitute its own judgment for that of an administrative agency or lower court when reviewing a decision.

This doctrine is typically applied in cases where an administrative agency or lower court has made a decision that is deemed to be arbitrary, capricious, or unsupported by substantial evidence.

The purpose of this doctrine is to ensure that administrative agencies and lower courts do not abuse their discretion or act in an arbitrary manner when making decisions.

The court will consider various factors, such as the expertise of the administrative agency or lower court, the nature of the decision being reviewed, and the level of deference that should be given to the decision-maker.

No, this doctrine is typically applied in cases involving administrative law, such as decisions made by government agencies or regulatory bodies.

The standard of review is typically “de novo,” which means that the court will review the decision without giving any deference to the administrative agency or lower court.

Yes, the court has the authority to completely overturn the decision and substitute its own judgment if it finds that the decision was arbitrary, capricious, or unsupported by substantial evidence.

Yes, the court’s authority is limited to reviewing the decision-making process and ensuring that it was not arbitrary or capricious. The court cannot substitute its judgment based on its own policy preferences.

No, this doctrine is typically not applied in criminal cases, as the court’s role in criminal matters is different from administrative law matters.

Yes, a party who is dissatisfied with the court’s decision under this doctrine can typically appeal the decision to a higher court for further review.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 6th June 2024.

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