Download or read book The Administrative State in Canada written by O. P. Dwivedi and published by . This book was released on 1982 with total page 280 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.
Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
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 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 Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Download or read book The Province of Administrative Law written by Michael Taggart and published by Bloomsbury Publishing. This book was released on 1997-06-01 with total page 410 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Procedural Fairness and Citizen Control written by Edward William Clark and published by . This book was released on 2017 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Canadian administrative state has changed significantly since the first half of the twentieth century, but legal scholarship has paid scant attention to how such changes might affect the administrative stateâ s legitimacy. This thesis argues that the traditional mechanisms for legitimating the increasingly complex and diffuse administrative state are no longer sufficient, particularly in the context of delegated law-making. It uses a republican model of legitimacy to argue for the necessity of citizen control over administrative decision-making. It is incumbent on Canadian administrative law to help provide this citizen control. A concern with legitimacy is consistent with the first principles of administrative law and judicial review, and the doctrine of procedural fairness is well placed to further the participatory vision of legitimacy the thesis employs. Further, the history of procedural fairness shows that legitimacy of decision-making has always been a core concern of the doctrine. However, more recent developments, including a fixation on adjudicative decision-making and the refusal to apply procedural fairness to delegated law-making, mean that Canadian administrative law does not sufficiently facilitate citizen control. This is inconsistent with both the internal values of Canadian administrative law and the civic republican vision of legitimacy. There is, however, a separate line of bylaws jurisprudence which more generously extends procedural fairness to delegated law-making. The thesis argues this bylaws jurisprudence is a good starting point to build from. The experience of comparative administrative law makes it even clearer that Canadian administrative law is able to do this legitimating work. The United Kingdom, New Zealand, and Australia all provide broader participation rights in the law-making sphere with weaker tools than are available in Canada. Further, the domestic aboriginal law duty to consult and accommodate make it clear that the Canadian courts are already comfortable imposing broadly applicable procedural rights. Building from this comparative and cognate jurisprudence and the bylaws cases mentioned above, the thesis argues that it is possible with only limited substantive changes to the law to develop the doctrine of procedural fairness to provide broad participatory rights in the delegated law-making sphere, thereby securing the legitimacy of the administrative state.
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 Judicializing the Administrative State written by Hiroshi Okayama and published by Routledge. This book was released on 2019-05-10 with total page 319 pages. Available in PDF, EPUB and Kindle. Book excerpt: A basic feature of the modern US administrative state taken for granted by legal scholars but neglected by political scientists and historians is its strong judiciality. Formal, or court-like, adjudication was the primary method of first-order agency policy making during the first half of the twentieth century. Even today, most US administrative agencies hire administrative law judges and other adjudicators conducting hearings using formal procedures autonomously from the agency head. No other industrialized democracy has even come close to experiencing the systematic state judicialization that took place in the United States. Why did the American administrative state become highly judicialized, rather than developing a more efficiency-oriented Weberian bureaucracy? Legal scholars argue that lawyers as a profession imposed the judicial procedures they were the most familiar with on agencies. But this explanation fails to show why the judicialization took place only in the United States at the time it did. Okayama demonstrates that the American institutional combination of common law and the presidential system favored policy implementation through formal procedures by autonomous agencies and that it induced the creation and development of independent regulatory commissions explicitly modeled after courts from the late nineteenth century. These commissions judicialized the state not only through their proliferation but also through the diffusion of their formal procedures to executive agencies over the next half century, which led to a highly fairness-oriented administrative state.
Download or read book An Introduction to Canadian Administrative Law Classic Reprint written by Arthur Anglin and published by Forgotten Books. This book was released on 2017-11-07 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from An Introduction to Canadian Administrative Law There is a growing and important body of administrative law in Canada which so far has provoked only desultory and ih adequate reference in the periodical law journals. One is par ticularly struck with the fact that the general background of constitutional questions involved in this field of administra tive law have themelves as yet received little or no treatment on the part of text writers. A particular corner of the field cannot be properly studied without continual reference to those general principles in the background. An effort has been made. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Download or read book Language s Empire written by Nick Hooper and published by . This book was released on 2018 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thesis renders the unstated assumptions that animate statutory interpretation in the administrative state. It argues that the current approach is a disingenuous rhetorical overlay that masks the politics of definitional meaning. After rejecting the possibility of structuring principles in our (post)modern oversaturation of signs, the thesis concludes with an aspirational account of interpretive pragmatism in the face of uncertainty.
Download or read book Devotion to the Administrative State written by Mona Oraby and published by Princeton University Press. This book was released on 2024-03-26 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why the pursuit of state recognition by seemingly marginal religious groups in Egypt and elsewhere is a devotional practice Over the past decade alone, religious communities around the world have demanded state recognition, exemption, accommodation, or protection. They make these appeals both in states with a declared religious identity and in states officially neutral toward religion. In this book, Mona Oraby argues that the pursuit of official recognition by religious minorities amounts to a devotional practice. Countering the prevailing views on secularism, Oraby contends that demands by seemingly marginal groups to have their religious differences recognized by the state in fact assure communal integrity and coherence over time. Making her case, she analyzes more than fifty years of administrative judicial trends, theological discourse, and minority claims-making practices, focusing on the activities of Coptic Orthodox Christians and Baháʼí in modern and contemporary Egypt. Oraby documents the ways that devotion is expressed across a range of sites and sources, including in lawyers’ offices, administrative judicial verdicts, televised media and film, and invitation-only study sessions. She shows how Egypt’s religious minorities navigated the political and legal upheavals of the 2011 uprising and now persevere amid authoritarian repression. In a Muslim-majority state, they assert their status as Islam’s others, finding belonging by affirming their difference; and difference, Oraby argues, is the necessary foundation for collective life. Considering these activities in light of the global history of civil administration and adjudication, Oraby shows that the lengths to which these marginalized groups go to secure their status can help us to reimagine the relationship between law and religion.
Download or read book Centennial History of the American Administrative State written by Chandler and published by . This book was released on 1986-01-01 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Consolidation of the Constitution Acts 1867 to 1982 written by Canada and published by Brantford : W. Ross Macdonald School, 1985. (Toronto : CNIB). This book was released on 1983 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated as of April 17, 1982.
Download or read book Managing Leviathan written by Robert Paehlke and published by Peterborough, Ont. : Broadview Press. This book was released on 2005-05 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone wishing to explore the cutting edge of environmental policy and management will find this book an invaluable tool. - The Honourable David Anderson, Minister of Environment, Government of Canada, 1999-2004
