Download Inside and Outside Canadian Administrative Law: Essays in by Grant Huscroft, Michael Taggart PDF

By Grant Huscroft, Michael Taggart

The upward push to prominence of administrative legislation within the moment 1/2 the 20 th century is frequently remarked upon because the maximum felony improvement of the interval. during this technique there was enormous borrowing of rules and studying from stories in other places within the universal legislations global. This quantity brings jointly administrative legislation students and judges from world wide to handle vital matters within the box and to honour the profession of 1 of the best administrative legal professionals within the Anglo-Commonwealth international, Professor David Mullan.

Editors provide Huscroft and Michael Taggart have pointed out the huge issues in Mullan's paintings - procedural equity; scope of evaluation and deference; the interrelationship of administrative legislation and human rights; the legitimacy of kingdom legislation and tribunal adjudication; universal legislation comparativism - and invited contributions on these issues from major students in Canada, the uk, Australia, South Africa, and the USA. A becoming tribute to an excellent pupil, Inside and outdoors Canadian Administrative Law will turn out attention-grabbing to scholars, academics, and practitioners of administrative legislation in addition to coverage makers and political scientists.

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The law cannot constrain judges who are so predisposed from doing ‘the wrong thing’. It should, however, help others to consider thoughtfully what ‘the right thing’ is and not hamper them from doing it. ’ Readers are encouraged to be alert to context, to the mix of law and facts, to the interrelationship of substantive issues and remedies, to the diversity of administrative decision-making contexts, and to the underlying importance of interpretation. They are continually encouraged to reflect, to be alert to subtle doctrinal shifts, and to reach a better understanding of the world of administrative law.

Rather, they sought to identify the legal dimension of the organization and operation of the administrative apparatus of the state, and to integrate that dimension within their consideration of the role the law played in controlling the behaviour of administrative actors. 38 H. Wade MacLauchlan and Philip Bryden Conclusion The point of the preceding discussion is not to suggest that EJMR presents an impoverished version of administrative law in comparison to Dussault and Borgeat. Rather, EJMR defines the scope and content of administrative law in a manner that serves the needs of a particular audience, but in doing so deflects into other disciplines (notably public administration and public policy studies) matters that could just as easily fall under the heading of administrative law.

In our view, the foundational difference between the EJMR version of administrative law and the continentalist tradition is that, in EJMR, administrative law is the body of law used by citizens to constrain administrative action, while in the continentalist tradition, administrative law is the body of law used by the administrative arm of government to control and mobilize its own operations. The continentalist tradition does not ignore the elements of external control reflected in the EJMR paradigm, but these elements represent only a subset of the continentalist picture of administrative law, and a relatively small subset at that.

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