Download or read book Judicial Deference to Administrative Tribunals in Canada written by Joseph T. Robertson and published by . This book was released on 2014 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: "These are just some of the issues that are addressed in this new volume of essays, Judicial Deference to Administrative Tribunals in Canada: Its History and Future. Written by three of the country's leading experts on the subject, this collection of commentaries critiquing the Supreme Court of Canada's jurisprudence on the principle of judicial deference offers an authoritative overview of the evolution and development of the doctrine."--Résumé de l'éditeur.
Download or read book Administrative Law and Judicial Deference written by Matthew Lewans and published by Bloomsbury Publishing. This book was released on 2016-01-28 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent years, the question whether judges should defer to administrative decisions has attracted considerable interest amongst public lawyers throughout the common law world. This book examines how the common law of judicial review has responded to the development of the administrative state in three different common law jurisdictions – the United Kingdom, the United States of America and Canada – over the past 100 years. This comparison demonstrates that the idea of judicial deference is a valuable feature of modern administrative law, because it gives lawyers and judges practical guidance on how to negotiate the constitutional tension between the democratic legitimacy of the administrative state and the judicial role in maintaining the rule of law.
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Download or read book Administrative Tribunals written by Lisa Braverman and published by Aurora, Ont. : Canada Law Book. This book was released on 2001-01-01 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Tribunals in the Common Law World written by Robin Creyke and published by Federation Press. This book was released on 2008 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tribunals are a flexible method of adjudication that hear disputes between citizens and by citizens against government. They come in diverse forms, and their adjudications far outnumber those of courts. For most people, tribunals are the face of justice. Increasing attention is being paid to tribunal procedures, what decisions they can make, and who are appointed as tribunal members. This book provides a contemporary snapshot of tribunals and tribunal jurisprudence in the common law world, with contributions and comparative studies from Australia, Canada, New Zealand and the United Kingdom. Contributions are drawn from a distinguished cast of international tribunal experts, judges and practitioners.
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Download or read book The Concept of Deference in Substantive Review of Administrative Decisions in Four Common Law Countries written by Alan Freckelton and published by . This book was released on 2013 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Unjust by Design written by S. Ronald Ellis and published by UBC Press. This book was released on 2013 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: Unjust by Design describes a system in need of major restructuring. Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada’s administrative justice system.
Download or read book A Culture of Justification written by Paul Daly and published by UBC Press. This book was released on 2023-08-15 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Inside and Outside Canadian Administrative Law written by David J. Mullan and published by University of Toronto Press. This book was released on 2006-01-01 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Unity of Public Law written by David Dyzenhaus and published by Bloomsbury Publishing. This book was released on 2004-03-17 with total page 518 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles the important topic of the relationship between three parts of the public law regime in a common law jurisdiction: the common law of judicial review or the unwritten constitution, the written constitution and public international law. Thematic coherence is ensured by the fact that the papers were presented at a conference in early 2003 and then extensively revised and by a general focus on a path-breaking decision of Canada's Supreme Court (Baker). The book thus contains a highly productive exchange between an international group of scholars on such themes as the rule of law, judicial deference, the separation of powers, the role of human rights in common law reasoning on immigration and security matters, and the nature of legal authority.
Download or read book Reaction and Reality written by Canadian Bar Association and published by Canadian Bar Association = Association du barreau canadien. This book was released on 2002 with total page 724 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Statutory Interpretation by Tribunals written by M. Philip Tunley and published by . This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Canada, administrative tribunals are creatures of statutes, and exercise statutory powers for a wide variety of public purposes. As such, statutory interpretation is among their core functions, and underlies almost every decision they make. In this article, the authors discuss the “modern” principle of statutory interpretation that is recognized by the Canadian courts as the "correct approach" to this task and outline the types and techniques of analysis, the rules and presumptions about the meaning and application of statutes, and the related rules and principles of statutory drafting, which need to be applied to this often complex task. The authors also focus on the special role of expert regulatory tribunals, and the perspectives they bring to bear on the interpretive task and note trends that suggest a growing scope for deference by Canadian courts on appeal and judicial review to the decision of some tribunals about some issues of statutory interpretation.
Download or read book Recent Developments in Administrative Law written by Law Society of Upper Canada and published by Agincourt, Ont. : Carswell. This book was released on 1987 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Understanding Administrative Law in the Common Law World written by Paul Daly and published by Oxford University Press. This book was released on 2021 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book External Review of Administrative Decisions written by Robert William Macaulay and published by . This book was released on 2016 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Administrative Law in Context written by Colleen M. Flood and published by . This book was released on 2018 with total page 637 pages. Available in PDF, EPUB and Kindle. Book excerpt: "[This book examines] key principles and cases by leveraging the distinct voices of leading scholars and instructors from across Canada. This ... analysis gives students a better sense of how administrative boards and tribunals work in practice. To offer a more comprehensive understanding of subject matter, resources like practice tips, checklists, and a companion website have also been included in the text. This combination of theory and applied learning has resulted in a highly effective teaching tool that students can take from the classroom into practice."--Publisher's description.
