....I am having major work avoidance strategy happening right now! This is some of the stuff I am supposed to be reviewing/understanding!
"In the pragmatic and functional approach, four factors are considered to determine the appropriate standard of review. They are the nature of the question under review law, fact or mixed law and fact the expertise of the decision maker relative to that of the reviewer; the statutory mechanism of review; and the purposes of the legislation and the particular provision."
and
"In construing the regulation in that case, he drew on five sources. They were the mischief sought to be cured by the regulation, the regulatory scheme, the grammatical and ordinary sense of the words of the regulation, the regulation-making power of the Act pursuant to which the regulation was enacted and the general context of the regulation. "
No wonder my head hurts!
"In the pragmatic and functional approach, four factors are considered to determine the appropriate standard of review. They are the nature of the question under review law, fact or mixed law and fact the expertise of the decision maker relative to that of the reviewer; the statutory mechanism of review; and the purposes of the legislation and the particular provision."
and
"In construing the regulation in that case, he drew on five sources. They were the mischief sought to be cured by the regulation, the regulatory scheme, the grammatical and ordinary sense of the words of the regulation, the regulation-making power of the Act pursuant to which the regulation was enacted and the general context of the regulation. "
No wonder my head hurts!