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Inside and Outside Canadian Administrative Law

Inside and Outside Canadian Administrative Law
Author: David J. Mullan
Publisher: University of Toronto Press
Total Pages: 513
Release: 2006-01-01
Genre: Law
ISBN: 0802092454

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The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.


Understanding Administrative Law in the Common Law World

Understanding Administrative Law in the Common Law World
Author: Paul Daly
Publisher: Oxford University Press
Total Pages: 321
Release: 2021
Genre: Law
ISBN: 0192896911

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A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.


Administrative Law in Context

Administrative Law in Context
Author: Lorne Mitchell Sossin
Publisher:
Total Pages: 607
Release: 2013
Genre: Administrative law
ISBN: 9781552394717

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A Culture of Justification

A Culture of Justification
Author: Paul Daly
Publisher: UBC Press
Total Pages: 270
Release: 2023-08-15
Genre: Law
ISBN: 0774869119

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Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly builds a framework for understanding why several previous reform efforts failed and assesses the proposition that Vavilov might very well succeed in providing a roadmap to a brighter future. This engaging, in-depth study of one of the most important areas of Canadian law shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.


Administrative Law from the Inside Out

Administrative Law from the Inside Out
Author: Nicholas R. Parrillo
Publisher: Cambridge University Press
Total Pages: 559
Release: 2017-03-23
Genre: Law
ISBN: 1107159512

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This collection of essays interrogate and extend the work of Jerry L. Mashaw, the most boundary-pushing scholar in the field of administrative law.


Administrative Law in Canada

Administrative Law in Canada
Author: Sara Blake
Publisher:
Total Pages: 200
Release: 1997
Genre: Administrative courts
ISBN: 9780433396727

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The Province of Administrative Law

The Province of Administrative Law
Author: Michael Taggart
Publisher: Bloomsbury Publishing
Total Pages: 410
Release: 1997-06-01
Genre: Law
ISBN: 1847313310

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During the past decade, administrative law has experienced remarkable development. It has consistently been one of the most dynamic and potent areas of legal innovation and of judicial activism. It has expanded its reach into an ever broadening sphere of public and private activities. Largely through the mechanism of judicial review, the judges in several jurisdictions have extended the ambit of the traditional remedies, partly in response to a perceived need to fill an accountability vacuum created by the privatisation of public enterprises, the contracting-out of public services, and the deregulation of industry and commerce. The essays in this volume focus upon these and other shifts in administrative law, and in doing so they draw upon the experiences of several jurisdictions: the UK, the US, Canada, Australia and New Zealand. The result is a wide-ranging and forceful analysis of the scope, development and future direction of administrative law.


Unjust by Design

Unjust by Design
Author: Ron Ellis
Publisher: UBC Press
Total Pages: 389
Release: 2013-03-01
Genre: Law
ISBN: 0774824794

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Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch “judicial” tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses. This book demonstrates that, except perhaps in Quebec, the administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its tribunals are neither independent nor impartial and are only providentially competent. Unjust by Design describes a justice system in transcendent need of major restructuring and provides a blueprint for change.


Vigilance and Restraint in the Common Law of Judicial Review

Vigilance and Restraint in the Common Law of Judicial Review
Author: Dean R. Knight
Publisher: Cambridge University Press
Total Pages: 309
Release: 2018-04-19
Genre: LAW
ISBN: 110719024X

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Explores how courts vary the depth of scrutiny in judicial review and the virtues of different approaches.