Within Deadlines
Does One Extension Force the Next?
A past extension can guide future decisions without forcing every later request to receive the same answer.
On this page
- How precedent differs from surrender
- Writing narrow reasons for approval
- Comparing future requests without false equivalence
Page outline Jump by section
Introduction
A common slippery-slope objection to deadline extensions runs as follows: if one person receives extra time, every future applicant, student, employee or contractor must receive the same treatment. The argument sounds persuasive because fairness often requires consistency. Yet consistency does not mean that every case receives an identical outcome. It means that decision-makers apply the same standards to relevant facts.
This distinction is central to precedent arguments in deadline-extension decisions. A previous extension can influence future decisions by creating a reference point, but it does not automatically determine them. In governance systems, precedent is usually strongest when later cases are materially similar. When circumstances differ, consistency may require different outcomes rather than identical ones. The slippery-slope error occurs when the existence of one precedent is treated as proof that decision-makers have lost the ability to distinguish between cases. [Oxford Research Archive]ora.ox.ac.ukOxford Research Archive Consistency in Administrative LawOxford Research ArchiveConsistency in Administrative LawMay 5, 2023 — by A Perry · 2023 — If an official adheres to a commitment when dec… [Local Government Lawyer]localgovernmentlawyer.co.uk40015 administrative law principles consistently consistentAdministrative law principles – consistently consistent8 Mar 2019 — What we mean in terms of consistency is that we should be treated in…
How Precedent Differs from Surrender
When people argue that granting one extension will force all future extensions, they often blur two separate ideas:
- A previous decision may be relevant.
- A previous decision controls every future decision.
The first proposition is usually true. The second often is not.
In law, administration and organisational governance, precedent promotes predictability by helping decision-makers explain why similar cases should be treated similarly. However, precedents generally operate through comparison. A later case is assessed against the facts, reasons and limits of the earlier one. The question is not whether an extension once occurred, but whether the new request falls within the same reasoning. [American Bar Association]americanbar.orgunderstand stare decisisAmerican Bar AssociationUnderstanding Stare Decisis16 Dec 2022 — To put it simply, stare decisis holds that courts and judges should hono… [IBA]ibanet.orginfeasibility of precedents as tool for consistency arbitrationThe infeasibility of using precedents as a tool to increase…4 Mar 2022 — The reliance on precedents in the decision-making process is…
This is why many slippery-slope predictions overstate the force of precedent. Legal scholar Eugene Volokh notes that claims about precedent leading inevitably to broader outcomes require more than the simple statement that “A will set a precedent for B”. Decision-makers can distinguish cases, define exceptions narrowly, or identify factual differences that prevent automatic extension of the earlier ruling. [Reason.com]reason.comJudicial-Judicial Equality Slippery Slopes and the…15 Jun 2022 — Arguing that judicial decision A will lead to B thus requires more th…
A deadline-extension example illustrates the point:
- A university grants an extension because a student was hospitalised.
- Another student later requests an extension because they started the assignment late.
- The earlier decision does not compel approval of the second request.
The institution can consistently approve the first request and reject the second because the relevant circumstances differ. The standard remains stable even though the outcomes differ.
Why Slippery-Slope Arguments Focus on Precedent
Precedent-based slippery-slope concerns are not always irrational. Sometimes a decision really can influence future outcomes. The key question is how.
Research on slippery-slope mechanisms identifies several ways in which a precedent may make later decisions more likely. One mechanism is an equality-based argument: once decision-makers approve one case, future applicants may argue that fairness requires similar treatment. Another mechanism is administrative convenience: officials may find it easier to follow an existing approach than to develop a new distinction. [UCLA School of Law]www2.law.ucla.edushould be relied on when deciding which future decisions should be.Read more…
However, recognising these mechanisms is different from assuming that they are unstoppable.
A governance body can acknowledge a previous extension while still asking:
- Were the circumstances substantially the same?
- Was the earlier decision intended as a narrow exception?
- Have new facts emerged?
- Would applying the earlier reasoning here serve the policy’s purpose?
The presence of precedent changes the discussion, but it does not eliminate judgement. Treating any precedent as irreversible surrender skips over these intermediate decision points and therefore risks becoming a slippery-slope fallacy. [SCC Decisions]decisions.scc-csc.caSCC Decisions Canada (Minister of Citizenship and Immigration) vVavilov19 Dec 2019 — Whether an administrative decision maker has acted reasonably in adapting a legal or equitable doctrine involves a h…
Writing Narrow Reasons for Approval
One of the most effective ways to prevent unwarranted precedent expansion is to state clearly why an extension was granted.
A poorly reasoned decision may simply say that an extension was approved. A narrowly reasoned decision identifies the specific grounds:
- Verified medical emergency.
- Documented technical failure.
- Bereavement during the submission period.
- Circumstances outside the applicant’s control.
The narrower the reasoning, the easier it becomes to evaluate future requests against the same standard rather than against the bare fact that an extension once occurred.
This approach reflects a broader principle found in administrative decision-making. Consistency is not achieved by repeating outcomes mechanically. It is achieved by applying the same criteria to comparable situations. Prior decisions matter because of the reasons behind them, not merely because they happened. [Oxford Research Archive]ora.ox.ac.ukOxford Research Archive Consistency in Administrative LawOxford Research ArchiveConsistency in Administrative LawMay 5, 2023 — by A Perry · 2023 — If an official adheres to a commitment when dec…
A carefully written approval can therefore reduce slippery-slope pressure. Instead of creating a broad precedent of “extensions are allowed”, it creates a more precise precedent of “extensions are allowed when these specific conditions are met”.
Comparing Future Requests Without False Equivalence
The strongest answer to many precedent-based slippery-slope claims is careful comparison.
Decision-makers frequently encounter requests that look similar on the surface but differ in ways that matter. Administrative and planning-law discussions of consistency repeatedly emphasise that apparent inconsistency can only be evaluated after comparing the relevant circumstances of each case. Similarity, not mere category membership, is what matters. [McLeods Lawyers]mcleods.com.auMc Leods Lawyers Restrictions on the Principle of Consistency in DecisionMcLeods LawyersRestrictions on the Principle of Consistency in Decision-…March 11, 2020 — 11 Mar 2020 — The principle of consistency i…
Consider three extension requests:
RequestReasonAHospital admission during the deadline weekBFamily bereavement shortly before submissionCPoor personal time management
All three involve missed deadlines. Yet a governance process may reasonably treat A and B differently from C because the underlying facts differ.
A false-equivalence argument ignores those distinctions and focuses only on the shared label: “late work”. Once the comparison is reduced to that level of abstraction, every refusal after one approval appears unfair. The slippery slope gains force because the categories have been defined too broadly.
Effective governance resists this move by comparing the facts that are relevant to the policy’s purpose. If the purpose of extensions is to address circumstances beyond a person’s control, then the comparison should focus on control, evidence and impact rather than on lateness alone.
When Consistency Requires Different Outcomes
A common misunderstanding is that consistency always points toward identical treatment. In reality, consistency often requires distinguishing between cases.
Administrative-law scholarship frequently notes that consistency and fairness are linked to reasoned decision-making rather than rigid repetition. An earlier decision may deserve less weight if it involved materially different facts, relied on inaccurate information, or reflected an error. Conversely, truly comparable cases may deserve similar outcomes. [McLeods Lawyers]mcleods.com.auMc Leods Lawyers Restrictions on the Principle of Consistency in DecisionMcLeods LawyersRestrictions on the Principle of Consistency in Decision-…March 11, 2020 — 11 Mar 2020 — The principle of consistency i…
This means that decision-makers can remain consistent while producing different results:
- Approve one extension and deny another.
- Approve two requests for different reasons.
- Refuse a request despite a previous approval.
- Correct an earlier mistake instead of repeating it.
The crucial requirement is that the distinctions are relevant, transparent and connected to the governing rule.
Seen this way, precedent is neither irrelevant nor all-powerful. It is a tool for disciplined comparison. The slippery-slope mistake arises when precedent is treated as a force that automatically overrides judgement. A past extension can guide future decisions, but it does not force every later request to receive the same answer. Fair governance depends on comparing reasons, not merely counting prior exceptions. [Reason.com]reason.comJudicial-Judicial Equality Slippery Slopes and the…15 Jun 2022 — Arguing that judicial decision A will lead to B thus requires more th… [Oxford Research Archive]ora.ox.ac.ukOxford Research Archive Consistency in Administrative LawOxford Research ArchiveConsistency in Administrative LawMay 5, 2023 — by A Perry · 2023 — If an official adheres to a commitment when dec…
Amazon book picks
Further Reading
Books and field guides related to Does One Extension Force the Next?. Use these as the next step if you want deeper reading beyond the article.
Thinking, Fast and Slow
Provides tools for evaluating judgment and decision consistency.
eBay marketplace picks
Marketplace Samples
Example marketplace items related to this page. Use the search link to explore similar finds on eBay.
Endnotes
-
Source: reason.com
Link: https://reason.com/volokh/2022/06/15/judicial-judicial-equality-slippery-slopes-and-the-extension-of-precedent/Source snippet
Judicial-Judicial Equality [Slippery Slopes]({{ 'slippery-slope/' | relative_url }}) and the...15 Jun 2022 — Arguing that judicial decision A will lead to B thus requires more th...
-
Source: ibanet.org
Title: infeasibility of precedents as tool for consistency arbitration
Link: https://www.ibanet.org/infeasibility-of-precedents-as-tool-for-consistency-arbitrationSource snippet
The infeasibility of using precedents as a tool to increase...4 Mar 2022 — The reliance on precedents in the decision-making process is...
-
Source: www2.law.ucla.edu
Link: https://www2.law.ucla.edu/Volokh/slippery.pdfSource snippet
should be relied on when deciding which future decisions should be.Read more...
-
Source: www2.law.ucla.edu
Link: https://www2.law.ucla.edu/Volokh/slipperyshorter.pdfSource snippet
on when deciding which future decisions should be...Read more...
-
Source: ora.ox.ac.uk
Title: Oxford Research Archive Consistency in Administrative Law
Link: https://ora.ox.ac.uk/objects/uuid%3Ac0f83f50-c59a-441f-8a5a-eca8da6c15f7/files/rtm70mw01jSource snippet
Oxford Research ArchiveConsistency in Administrative LawMay 5, 2023 — by A Perry · 2023 — If an official adheres to a commitment when dec...
Published: May 5, 2023
-
Source: localgovernmentlawyer.co.uk
Title: 40015 administrative law principles consistently consistent
Link: https://www.localgovernmentlawyer.co.uk/governance/314-governance-a-risk-articles/40015-administrative-law-principles-consistently-consistentSource snippet
Administrative law principles – consistently consistent8 Mar 2019 — What we mean in terms of consistency is that we should be treated in...
-
Source: americanbar.org
Title: understand stare decisis
Link: https://www.americanbar.org/groups/public_education/publications/preview_home/understand-stare-decisis/Source snippet
American Bar AssociationUnderstanding Stare Decisis16 Dec 2022 — To put it simply, stare decisis holds that courts and judges should hono...
-
Source: decisions.scc-csc.ca
Title: SCC Decisions Canada (Minister of Citizenship and Immigration) v
Link: https://decisions.scc-csc.ca/scc-csc/scc-csc/en/item/18078/index.doSource snippet
Vavilov19 Dec 2019 — Whether an administrative decision maker has acted reasonably in adapting a legal or equitable doctrine involves a h...
-
Source: mcleods.com.au
Title: Mc Leods Lawyers Restrictions on the Principle of Consistency in Decision
Link: https://www.mcleods.com.au/news/restrictions-on-the-principle-of-consistency-in-decision-making/Source snippet
McLeods LawyersRestrictions on the Principle of Consistency in Decision-...March 11, 2020 — 11 Mar 2020 — The principle of consistency i...
Published: March 11, 2020
Additional References
-
Source: administrativelawreview.org
Link: https://administrativelawreview.org/wp-content/uploads/sites/2/2023/04/ALR-75.1_Eisenberg-and-Mendelson_crop.pdfSource snippet
THE NOT-SO-STANDARD MODELby RS EISENBERG · Cited by 30 — Finally, it may tempt agencies to make policy through adjudication rather than t...
-
Source: econfaculty.gmu.edu
Link: https://econfaculty.gmu.edu/pboettke/workshop/spring05/Rizzo.pdfSource snippet
gmu.edurules, theories and slippery slopes'.by MJ Rizo · Cited by 113 — Eugene Volokh has produced a wide- ranging study of various possi...
-
Source: publiclawforeveryone.com
Link: https://publiclawforeveryone.com/2018/06/15/the-supreme-courts-judgment-in-gallaher-consistency-as-a-free-standing-principle-of-administrative-law/Source snippet
Consistency as a free-standing principle of administrative...15 Jun 2018 — Notions like 'conspicuous unfairness' and 'abuse of power' ar...
-
Source: hls.harvard.edu
Title: eugene volokh of the volokh conspiracy discusses slippery slope arguments video
Link: https://hls.harvard.edu/today/eugene-volokh-of-the-volokh-conspiracy-discusses-slippery-slope-arguments-video/Source snippet
Volokh, of The Volokh Conspiracy, discusses slippery...4 Oct 2011 — “Slippery slope arguments are actually about looking at public polic...
-
Source: researchonline.stthomas.edu
Link: https://researchonline.stthomas.edu/view/pdfCoverPage?download=true&filePid=13439813920003691&instCode=01CLIC_STTHOMASSource snippet
L. REV (2003). This article provides a comprehensive analysis of the Slippery Slope argument.Read more...
-
Source: uclalawreview.org
Link: https://www.uclalawreview.org/wp-content/uploads/2019/09/24_51UCLALRev5392003-2004.pdfSource snippet
lippery slope mechanisms in both judicial decisionmaking and legislative action.' And...Read more...
-
Source: pmc.ncbi.nlm.nih.gov
Title: PMCPrecedent and the Rule of Law
Link: https://pmc.ncbi.nlm.nih.gov/articles/PMC8643603/Source snippet
and the Rule of Law - PMCby S Lewis · 2021 · Cited by 105 — In the civil law [tradition]({{ 'tradition/' | relative_url }}), precedents are often used in order to tip the bal...
-
Source: sciencedirect.com
Title: They serve as the foundation for judges’ reasoning
Link: https://www.sciencedirect.com/science/article/pii/S2667096824000363Source snippet
Textual similarity for legal precedents discovery: Assessing...by H Mentzingen · 2024 · Cited by 11 — In a court [context]({{ 'context/' | relative_url }}), administrative...
-
Source: researchgate.net
Title: 228189621 The Mechanisms of the Slippery Slope
Link: https://www.researchgate.net/publication/228189621_The_Mechanisms_of_the_Slippery_SlopeSource snippet
The Mechanisms of the Slippery Slope | Request PDF9 Feb 2026 — Volokh (2003) shows, for example, that judiciary decisions can facilitate...
-
Source: ukconstitutionallaw.org
Title: against consistency as a ground of review
Link: https://ukconstitutionallaw.org/2020/03/09/against-consistency-as-a-ground-of-review/Source snippet
Michael Foran: Against Consistency as a Ground of Review9 Mar 2020 — A charitable reading would be that equal treatment is not a distinct...
Topic Tree