Deference to Executive Power and Standard of Review

This chapter discusses the arguments made by the Attorney General for the federal government regarding the extent of deference that should be given to the executive in responding to a fast-moving and urgent situation. The chapter highlights Justice Mosley's rejection of the Attorney General's proposition and emphasizes that deference to the cabinet should be within the constraints of the law and its objective thresholds. The chapter also discusses the findings of Justice Mosley on the standard of review in relation to the invocation of the Emergencies Act.