Sep 10, 2012

Consistency in Tribunal Decision-Making

By Bryan Finlay, Canadian Journal of Administrative Law and Practice, (2012) 25 CJALP 277-288, and Mini-LLB for Regulators Conference

Why Consistency?

Consistency exists where like facts produce like results. In adjudicative decision-making, consistency is a precondition of equality before the law and a prerequisite to the Rule of Law. But the goal of consistency must be balanced against other prerequisites to the Rule of Law – the ideas that decisions be made on their own facts and be made by those who hear the dispute. Such balancing lies at the heart of administrative tribunal decision-making. This paper discusses means by which tribunals can achieve and enhance consistency while remaining responsive to the facts of individual cases, i.e. “consistency but not rigidity”….

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