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The Unfinished Project Of Roncarelli V. Duplessis: Justiciability, Discretion And The Limits Of The Rule Of Law, Lorne Sossin

Articles & Book Chapters

Roncarelli is remembered fifty years later particularly because of Justice Rand's now iconic statement that "there is no such thing as absolute and untrammelled discretion." Justice Rand defined "untrammelled discretion" as circumstances where action can be taken on any ground or for any reason that can be suggested to the mind of the decision maker. This statement has been understood to mean that all public regulation exercised through discretionary decision-making by executive officials has legal boundaries, and that the role of the courts is to ensure that decisions do not exceed those boundaries.In this paper, the author explores several areas …