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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".
Accountability for reasonableness is an ethical framework that describes the conditions of a fair decision-making process. It focuses on how decisions should be made and why these decisions are ethical. It was developed by Norman Daniels and James Sabin and is often applied in health policy and bioethics. [1]
Reasonable people with good intentions can still disagree over matters of substance. This is a concept that many people don't understand. Indeed, this is a concept that many people don't want to understand. It is comforting to think that those who disagree with us do so because they are unreasonable and possibly evil.
[50] As important as it is that courts have a proper understanding of reasonableness review as a deferential standard, it is also without question that the standard of correctness must be maintained in respect of jurisdictional and some other questions of law. This promotes just decisions and avoids inconsistent and unauthorized application of law.
Graham v. Connor, 490 U.S. 386 (1989), was a United States Supreme Court case in which the Court determined that an objective reasonableness standard should apply to a civilian's claim that law enforcement officials used excessive force in the course of making an arrest, investigatory stop, or other "seizure" of his or her person.
The Supreme Court of Israel in majority judgement on January 1, 2024 ruled against an amendment passed by Parliament in July, 2023 which scrapped the “reasonableness” clause, used by the court to overturn government decisions deemed unconstitutional, on the ground that “this does severe and unprecedented damage to the basic ...
The second, the one the Court ultimately adopted, made the Guidelines advisory while at the same time "maintaining a strong connection between the sentence imposed and the offender's real conduct — a connection important to the increased uniformity of sentencing that Congress intended its Guidelines system to achieve."
In law, a reasonable person, reasonable man, sometimes referred to situationally, [1] is a hypothetical person whose character and care conduct, under any common set of facts, is decided through reasoning of good practice or policy. [2] [3] It is a legal fiction [4] crafted by the courts and communicated through case law and jury instructions. [5]