Discretion and The Culture of Justice  

Oleh:

Sossin, Lorne

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Singapore Journal of Legal Studies (Dec. 2006), page 356-384.
Topik: JUSTICE; discretion; culture; justice

Ketersediaan

Perpustakaan Pusat (Semanggi) Nomor Panggil: SS46 Non-tandon: 1 (dapat dipinjam: 0) Tandon: tidak ada

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Isi artikel

This paper analyzes the role of multiculturalism in the exercise of administrative discretion. Whether the setting is national security or social welfare eligibility, standards of justice rise or fall on the judgments of individual "front - line" decision - makers. Such decision - makers are the human face of the state. Against this contextual backdrop, this paper addresses a series of critical questions, including: To what extent is the exercise of discretion specifically, and the character of the administrative state more generally, determined by culture and identity ? Will decision - makers in a representative public service treat members of their own communities differently than members of other communities ? Administrative culture and culture of the society at large are deeply entangled in the exercise of discretion. The reasons for discretionary decisions, in other words, must grapple with and not sidestep the values, beliefs and administrative structures which underlie them. This approach is elaborated in the Canadian context, with particular emphasis on the policy of the federal government to achieve a multicultural public service and the development of impartiality and fairness standards in Canadian administrative law.

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