Private Bodies, Public Power and Soft Law in the High Court

Aronson, Mark

doi:10.1177/0067205x0703500101

Cited by 2 publications

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“…As a result, soft law is more readily tailored to a specific problem and understood and accepted by the relevant actors. Further, soft law, to a greater extent than hard legislation, can provide innovative solutions that are fitted to the needs of individual industries, government agencies, or other actors (Aronson 2007).…”

Section: Advantages and Disadvantages Of Soft Lawmentioning

confidence: 99%

Soft Law

Sheehy

2021

Encyclopedia of Sustainable Management

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Soft law is a category of law that is not enforced by public authorities. Rather, it is type of norms or principles that are an expression of what is generally accepted among parties to whom it applies. As such, it is intended to influence the conduct of parties rather than force parties into certain types of behaviors that comply with the rules (Cini 2000). The term "soft law" covers a wide range of instruments that have different focuses. As a result, it is difficult to formulate a comprehensive, coherent set of criteria to include an instrument in the category of soft law. Soft law includes rules, principles, norms, and prescriptions and can be found in contracts, resolutions, recommendations, codes of conduct, and whole host of other instruments such as standards and guide (Boyle 1999; Weeks 2016; Sheehy 2019). In summary, soft law can be defined as "normative provisions contained in non-binding texts" (Shelton 2000).

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Section: Advantages and Disadvantages Of Soft Lawmentioning

confidence: 99%

Soft Law

Sheehy

2021

Encyclopedia of Sustainable Management

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“…For instance there will, ordinarily, be neither a 'decision of an administrative character made under an enactment', as required by ADJR jurisdiction, 20 nor a constitutional 'matter', as required by federal common law jurisdiction. 21 However, there have been cases where courts have allowed for judicial review of non-statutory filters. The most ground-breaking of these cases was Plaintiff M61/2010 v Commonwealth (2010) 243 CLR 319 ('Offshore Processing Case').…”

Section: Whether Judicial Review Is Availablementioning

confidence: 99%

Non-Statutory Filters in Government Decision-Making

Khuu

2016

VULJ

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Non-statutory, preliminary assessments by departmental staff or independent contractors may well be administratively efficient. They may even be necessary, considering the large administrative workloads now inherent in government decision-making. However, such processes can have a negative impact upon administrative justice when the formal decision is non-compellable. When that is so, an applicant rejected by a negative preliminary assessment can be left in limbo with no subsequent avenue to the formal, proper decision-maker. The result is the filtering of important administrative decisions away from the proper decision-makers. Here, the ultimate question is whether such non-statutory filters are compatible with administrative justice and, if not, whether the law can be reformed to make them compatible.

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Private Bodies, Public Power and Soft Law in the High Court

Cited by 2 publications

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Soft Law

Soft Law

Non-Statutory Filters in Government Decision-Making

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