LAWS 206 - Green light theory.

Front

What is the purpose of a system of administrative justice, according to KC Davis?

Back

According to KC Davis a system of administrative justice should be a system to ensure good descion making on the part of the executive.

Front

How do you structure discretion according to the green-light theory?

Back

Structuring discretion means giving the descion maker, discretion as well as guidance. This is because you want to ensure that the deccion maker makes decions for the benefit of the people rather than for himself or his peers.

Front

How do you confine discretion according to the red-light theory?

Back

Confining discretion means to give ministers/executives guidlines/confinements as to what their discretion entitles them to.

Front

What is one hypocrisy of Dicey's red light theory that is highlighted by the green light theory?

Back

The green light theory critisises the red light theory by highlighting Dicey's hypocrisy in giving discretion to judges, rather than eradicating discretion completley as intended, thus allowing arbitrariness on the part of the courts, which is exactly what dicey wanted to prevent, Arbitrariness.

Front

How does the green light theory promote judicial intervention on executive action more than the red light theory?

Back

Ironically, as much as the red-light theory wants judicial intervention on executive actions, due to the fusion between parliament and the executive, this may not be possible, however because the green light theory wants the judiciary, inside of the sandbox, in order to help the executive, this may give judges far more intervening ability than the red light theory ever could.