Tag: rule-making
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Ronan Cormacain: Instinct or rules: making moral decisions in the Cummings scandal.
How should individuals conduct themselves during a public health emergency, and more specifically how much reliance should we have on “instinct” and “rules”? Dominic Cummings, the Prime Minister’s chief adviser, has been accused of breaking the social distancing rules. The allegations revolve around travelling from London to Durham to isolate himself and his family, as…
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Carol Harlow: How not to do things with rules
For many years now, administrative lawyers have been puzzling over the relationship of rules and discretion. When is a rule a rule? Does the term properly cover ‘quasi-legislation’ or what is now generally called ‘soft law’? In his seminal study, Discretionary Justice (Urbana, Louisiana State University Press, 1969), KC Davis argued that rules of this…