Ronald Dworkin gave a good example to illustrate what he called “strong” and “weak” discretion. Imagine a sergeant A who is told to pick “any five men” for a mission. Contrast her with a sergeant B told to pick “the five most experienced men”. One has strong discretion, the other weak.Dworkin’s purposes were not those […] Read more

Not so long ago, I posted on “Deference and Reasonableness“. I have also just posted some thoughts on rationality. It is quite timely, then, that I recently came across the reasons of Robertson J.A. in Small v. New Brunswick Liquor Corporation, 2012 NBCA 53, a case decided last summer. They deserve careful reading by anyone […] Read more