POLS 2350 Lecture Notes - Lecture 19: Arbitrariness, Habeas Corpus
Document Summary
Convicted of murder and staying in a max security institution. Whole issue is that he gets transferred back to max security b/c an inmate was stabbed. Gets to go to medium security b/c good behaviour and a week after the officials received info khela was involved. Feb 2 was transferred and on feb 4 he got a paper explaining his transfer. Administrative judicial review of a warden"s decision. Hired 2 people to do the stabbing in exchange for 3g of heroine. 3 confidential sources and was vague on reliability. Ccra s. 27(1) and (3) onus is on the warden. Rule of law the overarching normative relationship among legal subjects and the state. Does very little for the rule of law. Political ideal a atric of institutional relations and competencies. Arbitrariness indifference about the procedures chosen to release an outcome . can also suggest that a decision-maker possesses unconstrained discretionary power.