Article: The Doctrine of Deliberative Secrecy: Hurdles to the Examination of Tribunal Members

This, published in the March 2014 CBA National Administrative Law Newsletter, examines the doctrine of deliberative secrecy and explains some of the hurdles to the under-oath examination of tribunal members or staff.  The doctrine of deliberative secrecy protects government decision makers from having to testify about how or why they made their decisions.  The article explains how litigants with valid reasons for believing that the process followed did not comply with the rules of natural justice, can circumvent the doctrine and force tribunal members or staff to testify about the processes they followed.  This evidence can be critical to the success of an administrative law case.  View Article

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