Le pouvoir discrétionnaire de l'administration exercé sous forme de normes administratives : les directives
Bibliographic record
Abstract
This paper attempts to describe and assess the legal position in respect of guidelines, directives, manuals and similar instruments issued by administrative authorities. It first reviews the statutory or other legal basis for the power to issue such instruments. Particular attention is paid to the recognition by the courts of an implicit authority to formulate instructions to subordinate officials, as part of general managing and supervisory powers. The author then outlines the specific features of directives, as compared with regulations. Both classes of instruments usually contain rules of fairly general application. Both can be seen as useful means of structuring the exercice of discretionary decision-making powers. Directives, guidelines, manuals and the like, however, set a particular emphasis on the provision of guidance or even imperative instructions for officials in the discharge of their duties, while regulations apply just as statutes do, to the general public as well as to civil servants. Great weight —perhaps an excessive weight — was attached to this distinction in the reasons of Pigeon J. in the first Martineau case, which is discussed at some length. The question of unpublished directives becoming in fact a body of « secret law » is then surveyed. The limited scope of the federal Statutory Instruments Act in this respect is underlined, and the author argues for selective adoption of public rule-making procedures, requirements for publication in official gazettes, and referral to parliamentary committees. Finally, the paper surveys the present state of the law as regards judicial review of directives. While review may bear on the vires for the making of the directive, much as in the case of regulations, it more often occurs when a discretionary decision is challenged before the courts on the grounds that the decision-maker fettered its own discretion by inflexibly applying self-made guidelines where individual determination was called for, or by submitting to directives from some other authority. In cases where judicial intervention is not possible, recourse may be had to ombudsmen ; the experience of the Public Protector in Quebec in connection with directives and guidelines is described.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.023 | 0.038 |
| Meta-epidemiology (narrow) | 0.000 | 0.000 |
| Meta-epidemiology (broad) | 0.000 | 0.001 |
| Bibliometrics | 0.001 | 0.001 |
| Science and technology studies | 0.004 | 0.014 |
| Scholarly communication | 0.010 | 0.006 |
| Open science | 0.001 | 0.002 |
| Research integrity | 0.003 | 0.007 |
| Insufficient payload (model declined to judge) | 0.003 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".