If a decision is flawed, what determines the remedies the courts can issue?

• A. The political agenda of the government.
• B. The nature of the error made by the decision maker.
• C. The size of the department.
• D. The time elapsed since the decision.

Answer: (B)

The remedies courts can issue in review are determined by the type of error the decision-maker made. Different flaws require different corrective steps, so the remedy chosen is aimed at fixing that specific defect. For example, if a decision is made beyond the powers granted by law (ultra vires) or there’s a serious procedural flaw, the court may quash the decision or order it to be reconsidered properly. If the decision was irrational or an improper exercise of power, the remedy will address that flaw rather than the politics behind the decision. In short, the remedy is matched to the specific error. The remedy is not dictated by the government’s political aims, the size of the department, or how much time has passed since the decision.