PPA 301 Lecture 8: PPA Module 8 Notes – Specific Issues in Administrative Law
29 Nov 2017
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Document Summary
Ppa module 8 notes specific issues in administrative law: credibility and the duty to reasons. Trust is a significant consideration in its assessment. An oral hearing must be held in every case in which credibility is being assessed. That is because where it is necessary to determine whether someone is telling the truth, the decision maker must be able to hear and see the people giving evidence in order to observe their manner, tone, body language, etc. A review of documents and papers does not allow for that kind of assessment. What they mean is that in many bureaucratic institutions, a decision at one level will simply be accepted and reasserted all the way up the hierarchy without fairly considering whether an error was made in the first instance. They note that the person whose rights are at stake should not be burdened by the previous finding .
