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> Determining that that X is fundamentally like Y and therefore Y rules apply. This seemingly doesn't require decision making at all. Wouldn't such determinati
by jhgb 5y ago
> Determining that that X is fundamentally like Y and therefore Y rules apply. This seemingly doesn't require decision making at all.
Wouldn't such determination require decision making in itself?
- netcan 5y agoI suppose you could argue either way and its opposite in the abstract. IRL however, I think that official/administrative/political decisions are usually presented as non decisions. Maybe a decisions is cloaked "decisive evidence" that leaves no choice, prior decisions/rulemaking is determined to be applicable, or somesuch. Naked "I have made decision X" is generally avoided.
- Scarblac 5y agoI mean, this is a judgment, from a judge. Isn't he making a decision by definition? In this case (I assume) Deliveroo argues that it is not a delivery company and so isn't part of the collective labour agreement, and complainants claimed that it was and that it is. The judge decides that Deliveroo quacks and walks sufficiently like a duck to be considered one. I don't see why "this seemingly doesn't require decision making at all". It was the entire thing the parties disagreed about.