Judicial interpretation |
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The concept of reasonableness has two related meanings in law and political theory:
Reasonableness should not be conflated with rationality . [1]
Reasonableness has been discussed by political thinkers such as John Rawls (in his 1993 Political Liberalism ), [2] [3] [1] T. M. Scanlon, [2] Brian Barry [2] and Georg Henrik von Wright. [1]
The notion of "reasonableness" is omnipresent in European law, and has also affected "international treaties and general customs". [4] Examples of its use can be found in canon and medieval law, suggesting roots going back to Ancient Rome. [4]
Standards and doctrines requiring reasonableness include:
In constitutional and administrative law, reasonableness is a lens through which courts examine the constitutionality or lawfulness of legislation and regulation. [12] [13] [14] According to Paul Craig, it is "concerned with review of the weight and balance accorded by the primary decision-maker to factors that have been or can be deemed relevant in pursuit of a prima facie allowable purpose". [15]
Examples of reasonableness standards in common law jurisdictions include:
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Reasonability is a legal term. The scale of reasonability represents a quintessential element of modern judicial systems and is particularly important in the context of international disputes and conflicts of laws issues. The concept is founded on the notion that all parties should be held to a reasonable standard of conduct[ citation needed ] and has become embedded in a number of international conventions such as the UNIDROIT principles [17] and the CISG. [18]
The concept of reasonability is applicable to Roman law. [19]
Bayesian probability is an interpretation of the concept of probability, in which, instead of frequency or propensity of some phenomenon, probability is interpreted as reasonable expectation representing a state of knowledge or as quantification of a personal belief.
Logical positivism, also known as logical empiricism or neo-positivism, was a philosophical movement, in the empiricist tradition, that sought to formulate a scientific philosophy in which philosophical discourse would be, in the perception of its proponents, as authoritative and meaningful as empirical science.
The Fourth Amendment to the United States Constitution is part of the Bill of Rights. It prohibits unreasonable searches and seizures and sets requirements for issuing warrants: warrants must be issued by a judge or magistrate, justified by probable cause, supported by oath or affirmation, and must particularly describe the place to be searched and the persons or things to be seized.
Ernst Waldfried Josef Wenzel Mach was an Austrian physicist and philosopher, who contributed to the physics of shock waves. The ratio of the speed of a flow or object to that of sound is named the Mach number in his honour. As a philosopher of science, he was a major influence on logical positivism and American pragmatism. Through his criticism of Isaac Newton's theories of space and time, he foreshadowed Albert Einstein's theory of relativity.
John Bordley Rawls was an American moral, legal and political philosopher in the modern liberal tradition. Rawls has been described as one of the most influential political philosophers of the 20th century.
Moral universalism is the meta-ethical position that some system of ethics, or a universal ethic, applies universally, that is, for "all similarly situated individuals", regardless of culture, race, sex, religion, nationality, sexual orientation, gender identity, or any other distinguishing feature. Moral universalism is opposed to moral nihilism and moral relativism. However, not all forms of moral universalism are absolutist, nor are they necessarily value monist; many forms of universalism, such as utilitarianism, are non-absolutist, and some forms, such as that of Isaiah Berlin, may be value pluralist.
"The Unreasonable Effectiveness of Mathematics in the Natural Sciences" is a 1960 article written by the physicist Eugene Wigner, published in Communication in Pure and Applied Mathematics. In it, Wigner observes that a theoretical physics's mathematical structure often points the way to further advances in that theory and to empirical predictions. Mathematical theories often have predictive power in describing nature.
William Lane Craig is an American analytic philosopher, Christian apologist, author, and Wesleyan theologian who upholds the view of Molinism and neo-Apollinarianism. He is a professor of philosophy at Houston Christian University and at the Talbot School of Theology of Biola University.
Search and seizure is a procedure used in many civil law and common law legal systems by which police or other authorities and their agents, who, suspecting that a crime has been committed, commence a search of a person's property and confiscate any relevant evidence found in connection to the crime.
Hans Kelsen was an Austrian jurist, legal philosopher and political philosopher. He was the principal architect of the 1920 Austrian Constitution, which with amendments is still in operation. Due to the rise of totalitarianism in Austria, Kelsen left for Germany in 1930 but was forced out of his university post after the Nazi seizure of power in 1933 because of his Jewish ancestry. That year he left for Geneva and in 1940 he moved to the United States. In 1934, Roscoe Pound lauded Kelsen as "undoubtedly the leading jurist of the time". While in Vienna, Kelsen met Sigmund Freud and his circle, and wrote on social psychology and sociology.
Political Liberalism is a 1993 book by the American philosopher John Rawls, an update to his earlier A Theory of Justice (1971). In it, he attempts to show that his theory of justice is not a "comprehensive conception of the good" but is instead compatible with a liberal conception of the role of justice, namely, that government should be neutral between competing conceptions of the good. Rawls tries to show that his two principles of justice, properly understood, form a "theory of the right" which would be supported by all reasonable individuals, even under conditions of reasonable pluralism. The mechanism by which he demonstrates this is called "overlapping consensus". Here he also develops his idea of public reason.
Psychologism is a family of philosophical positions, according to which certain psychological facts, laws, or entities play a central role in grounding or explaining certain non-psychological facts, laws, or entities. The word was coined by Johann Eduard Erdmann as Psychologismus, being translated into English as psychologism.
Desmond M. Clarke was an Irish author and professor of philosophy at University College Cork (UCC). His research interests include history of philosophy and theories of science, with a specific interest in the writings of René Descartes, as well as contemporary church/state relations, human rights, and nationalism.
In United States constitutional law, reasonable expectation of privacy is a legal test which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the U.S. Constitution. It is related to, but is not the same as, a right to privacy, a much broader concept which is found in many legal systems. Overall, reasonable expectations of privacy can be subjective or objective.
Canadian administrative law is the body of law "that applies to all administrative decisions, whether issued by front-line officials, ministers, economic regulatory agencies, or administrative tribunals, with interpretations of law and exercises of discretion subject to the same. .. rules." Administrative law is concerned primarily with ensuring that administrative decision-makers remain within the boundaries of their authority and observe procedural fairness.
Dan Zahavi is a Danish philosopher. He is professor of philosophy at the University of Copenhagen.
Judicial review in Scotland is a part of United Kingdom constitutional law that functions within the framework of Scots administrative law.
Wednesbury unreasonableness is a ground of judicial review in Singapore administrative law. A governmental decision that is Wednesbury-unreasonable may be quashed by the High Court. This type of unreasonableness of public body decisions was laid down in the English case of Associated Provincial Picture Houses v. Wednesbury Corporation (1947), where it was said that a public authority acts unreasonably when a decision it makes is "so absurd that no sensible person could ever dream that it lay within the powers of the authority".
R v Secretary of State for Foreign and Commonwealth Affairs, ex parte Bancoult [2008] UKHL 61 is a UK constitutional law case in the House of Lords concerning the removal of the Chagos Islanders and the exercise of the Royal Prerogative. The Chagos Islands, acquired by the United Kingdom in 1814, were reorganised as the British Indian Ocean Territory (BIOT) in 1965 for the purpose of removing its inhabitants. Under a 1971 ordinance, the Chagossians were forcibly removed, and the central island of Diego Garcia leased to the United States for use as a military outpost.
Ontario v. Quon, 560 U.S. 746 (2010), is a United States Supreme Court case concerning the extent to which the right to privacy applies to electronic communications in a government workplace. It was an appeal by the city of Ontario, California, from a Ninth Circuit decision holding that it had violated the Fourth Amendment rights of two of its police officers when it disciplined them following an audit of pager text messages that discovered many of those messages were personal in nature, some sexually explicit. The Court unanimously held that the audit was work-related and thus did not violate the Fourth Amendment's protections against unreasonable search and seizure.