GAR v AG NSW (Dworkin and discretion)

GAR v AG NSW (Dworkin and discretion)

In this case, the court applied Professor Ronald Dworkin's analogy of discretion being like the hole in a donut - defined by the surrounding rules and legal structures, but leaving a space in the middle for judicial discretion. The court used that analogy to guide its consideration of an appeal against a lower court judge's discretion.

(Dworkindiscretion)

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