Regulations, Crown Corporations and Administrative Tribunals

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1442633573
Total Pages : 376 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis Regulations, Crown Corporations and Administrative Tribunals by : Ivan Bernier

Download or read book Regulations, Crown Corporations and Administrative Tribunals written by Ivan Bernier and published by University of Toronto Press. This book was released on 1985-12-15 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the third of six volumes dealing with Law, Society and the Economy (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. This volume surveys administrative law in its various manifestations and considers new themes and issues that are likely to affect the subject. Challenging generally accepted views, the contributors discuss such topics as the structures and processes of Canadian administrative tribunals, Crown corporations as an instrument of economic intervention, and the use of delegated legislation as the preferred instrument of government regulations.

Is Administrative Law Unlawful?

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022611645X
Total Pages : 646 pages
Book Rating : 4.2/5 (261 download)

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Book Synopsis Is Administrative Law Unlawful? by : Philip Hamburger

Download or read book Is Administrative Law Unlawful? written by Philip Hamburger and published by University of Chicago Press. This book was released on 2014-05-27 with total page 646 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.

Administrative Law in Canada

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Author :
Publisher : Markham, Ont. : Butterworths
ISBN 13 :
Total Pages : 288 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Administrative Law in Canada by : Sara Blake

Download or read book Administrative Law in Canada written by Sara Blake and published by Markham, Ont. : Butterworths. This book was released on 1992 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Equity & Community

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Publisher : IRPP
ISBN 13 : 9780886451523
Total Pages : 252 pages
Book Rating : 4.4/5 (515 download)

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Book Synopsis Equity & Community by : Institute for Research on Public Policy

Download or read book Equity & Community written by Institute for Research on Public Policy and published by IRPP. This book was released on 1993 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book , The Author addresses the following issues: how and to what effect judicial action has changed since the adoption of the charter, both at the national level and in Quebec; howjudges seek to reconcile particular groups claims with the sense of community integral to a free and democratic society; the implications of these and other developments for interest group advocacy, particular within parliament; and means of strengthening the voice of under represented groups within elected institutions.

Modern Administrative Law in Australia

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Author :
Publisher : Cambridge University Press
ISBN 13 : 1107692199
Total Pages : 481 pages
Book Rating : 4.1/5 (76 download)

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Book Synopsis Modern Administrative Law in Australia by : Matthew Groves

Download or read book Modern Administrative Law in Australia written by Matthew Groves and published by Cambridge University Press. This book was released on 2014-02-13 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Administrative Law provides an authoritative overview of administrative law in Australia. It clarifies and enlivens this crucial but complex area of law, with erudite analysis and thoroughly modern perspectives. The contributors - including highly respected academics from 11 Australian law schools,as well as eminent practitioners including Chief Justice Robert French AC and Justice Stephen Gageler of the High Court of Australia - are at the forefront of current research, debate and decision making, and infuse the book with unique insight. The book examines the structure and themes of administrative law, the theory and practice of judicial review, and the workings of administrative law beyond the courts. Administrative law affects innumerable aspects of political, commercial and private life, and yet is often considered difficult to understand. Modern Administrative Law unravels the intricacies and reveals how they are applied in real cases. It is an essential reference for students and practitioners of administrative law.

Tribunals in the Common Law World

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Publisher : Federation Press
ISBN 13 : 9781862877061
Total Pages : 274 pages
Book Rating : 4.8/5 (77 download)

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Book Synopsis Tribunals in the Common Law World by : Robin Creyke

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.

The Invisible Crown

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Author :
Publisher : University of Toronto Press
ISBN 13 : 1442669128
Total Pages : 291 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis The Invisible Crown by : David E. Smith

Download or read book The Invisible Crown written by David E. Smith and published by University of Toronto Press. This book was released on 2013-08-31 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crown is not only Canada’s oldest continuing political institution, but also its most pervasive, affecting the operation of Parliament and the legislatures, the executive, the bureaucracy, the courts, and federalism. However, many consider the Crown to be obscure and anachronistic. David E. Smith’s The Invisible Crown was one of the first books to study the role of the Crown in Canada, and remains a significant resource for the unique perspective it offers on the Crown’s place in politics. The Invisible Crown traces Canada’s distinctive form of federalism, with highly autonomous provinces, to the Crown’s influence. Smith concludes that the Crown has greatly affected the development of Canadian politics due to the country’s societal, geographic, and economic conditions. Praised by the Globe and Mail’s Michael Valpy as “a thoroughly lucid, scholarly explanation of how the Canadian constitutional monarchy works,” it is bolstered by a new foreword by the author speaking to recent events involving the Crown and Canadian politics, notably the prorogation of Parliament in 2008.

Unjust by Design

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Publisher : UBC Press
ISBN 13 : 0774824778
Total Pages : 390 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Unjust by Design by : S. Ronald Ellis

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.

Unjust by Design

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Author :
Publisher : UBC Press
ISBN 13 : 0774824808
Total Pages : 390 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Unjust by Design by : Ron Ellis

Download or read book Unjust by Design written by Ron Ellis and published by UBC Press. This book was released on 2013-03-01 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 executive branch’s administrative justice system is a justice system in name only. Failing to conform to rule-of-law principles or constitutional norms, its judicial tribunals are neither independent nor, in law, impartial and are only providentially competent. Unjust by Design describes a system in transcendent 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.

Judicial Integrity

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Author :
Publisher : BRILL
ISBN 13 : 9047413717
Total Pages : 321 pages
Book Rating : 4.0/5 (474 download)

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Book Synopsis Judicial Integrity by :

Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.

The Philosophy of Law

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Author :
Publisher : Routledge
ISBN 13 : 1135582777
Total Pages : 989 pages
Book Rating : 4.1/5 (355 download)

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Book Synopsis The Philosophy of Law by : Christopher Berry Grey

Download or read book The Philosophy of Law written by Christopher Berry Grey and published by Routledge. This book was released on 2013-07-04 with total page 989 pages. Available in PDF, EPUB and Kindle. Book excerpt: From articles centering on the detailed and doctrinal exposition of the law to those which reside almost wholly within the realm of philosophical ethics, this volume affords comprehensive treatment to both sides of the philosophico-legal equation. Systematic and sustained coverage of the many dimensions of legal thought gives ample expression to the true breadth and depth of the philosophy of law, with coverage of: The modes of knowing and the kinds of normativity used in the law; Studies in international, constitutional, criminal, administrative, persons and property, contracts and tort law-including their historical origins and worldwide ramifications; Current legal cultures such as common law and civilian, European, and Aboriginal; Influential jurisprudents and their biographies; All influential schools and methods

Rediscovering Fuller

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Publisher : Amsterdam University Press
ISBN 13 : 9789053563878
Total Pages : 1008 pages
Book Rating : 4.5/5 (638 download)

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Book Synopsis Rediscovering Fuller by : W. J. Witteveen

Download or read book Rediscovering Fuller written by W. J. Witteveen and published by Amsterdam University Press. This book was released on 1999 with total page 1008 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lon Fuller, one of the great American jurists of this century, is often remembered only for his stand on the morality of law in the Fuller-Hart debate. Rediscovering Fuller considers the full range of Fuller's writings, from his early engagement with legal fictions and his critique of legal positivism to his later work on implicit law and the art of institutional design. Contributors from the fields of both civil law and common law argue that Fuller's insights are highly relevant to contemporary concerns. The book contains essays by K. Winston, D. Dyzenhaus, P. Cliteur, F. Schauer ("Beyond the Fuller-Hart Debate"), P. Westerman, W. van der Burg, D. Luban ("Moralities of Law"), G. Postema, P. Teachout ("Implicit Law"), R. Macdonald, W. Witteveen, J. Allison, M. Hertogh, K. Soltan ("The Art of Institutional Design"), J. Allan, F. Mootz, J. Vining ("Law's Dialogue"), and a preface by Ph. Selznick. "At some point in the future, when we become more open to the moral relevance of social inquiry, more empirical in our study of philosophical issues, more capable of uniting moral and social theory, Lon Fuller's work will stand as a landmark. This volume will help show the way." —Ph. Selznick

The Unbounded Level of the Mind

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0773583424
Total Pages : 359 pages
Book Rating : 4.7/5 (735 download)

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Book Synopsis The Unbounded Level of the Mind by : Richard Janda

Download or read book The Unbounded Level of the Mind written by Richard Janda and published by McGill-Queen's Press - MQUP. This book was released on 2015-05-01 with total page 359 pages. Available in PDF, EPUB and Kindle. Book excerpt: Roderick A. Macdonald (1948-2014), internationally renowned for his expertise on access to justice, legal pluralism, and the philosophy of law, was first and foremost a teacher and mentor. He believed in the law as a promise our society makes to itself, and passionately imparted this message to students who went on to become lawyers, judges, and academics. Throughout his career, including participation in several government commissions and tenures as dean of law at McGill University and president of the Law Commission of Canada, he strove to promote ideas that have become woven into our contemporary understanding of unity, reconciliation, accommodation, and social justice. The Unbounded Level of the Mind brings together the fascinating essays developed from presentations made at a symposium, held in February 2014 at McGill’s Faculty of Law, in honour of Rod Macdonald. Eminent legal scholars from Canada and beyond explore various aspects of Macdonald’s rich scholarship, reflecting on the influence this has had on their own work and its implications for the future. Organized around six cross-cutting themes – kaleidoscopic federalism, producing fairness, pluralizing the subject, the priority of distributive justice, contextualizing governance, and pursuing virtue – this volume is both a tribute to Macdonald’s dedication to the law and a call to challenge all assumptions in the quest to better our society.

Canada and the New International Law of the Sea

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Publisher : University of Toronto Press
ISBN 13 : 148759058X
Total Pages : 227 pages
Book Rating : 4.4/5 (875 download)

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Book Synopsis Canada and the New International Law of the Sea by : Douglas M. Johnston

Download or read book Canada and the New International Law of the Sea written by Douglas M. Johnston and published by University of Toronto Press. This book was released on 1985-12-15 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the last of three volumes dealing with the International Legal Environment (see list in back of book), included in the Collected Research Studies of the Royal Commission on the Economic Union and Development Prospects for Canada. The Third United Nations Conference on the Law of the Sea (UNCLOS 3) culminated in the adopted of the United Nations convention on the law of the sea in 1982. Since then 150 countries, including Canada, have signed this historic treaty. It affects Canada's four major ocean industries: fishing, offshore petroleum, shipping and ocean mining. As Canada contemplates ratification of this agreement, it must consider these as well as several other maritime matters, including transit management, offshore development, marine-technology development and ocean-science policy. This volume delineates the issues and their implications for Canada's future at sea, and recommends the establishment of an independent advisory body to ensure serious and comprehensive treatment of maritime concerns.

The Delicate Balance

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Author :
Publisher : IBFD
ISBN 13 : 9087221037
Total Pages : 385 pages
Book Rating : 4.0/5 (872 download)

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Book Synopsis The Delicate Balance by : Chris Evans

Download or read book The Delicate Balance written by Chris Evans and published by IBFD. This book was released on 2011 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Few aspects of revenue law generate stronger feelings than the exercise of discretionary power by tax administrations. A delicate balance often needs to be struck between the legitimate needs of revenue authorities and the equally legitimate interests and rights of taxpayers. On the one hand, the executive and administration need to have sufficient capacity to apply the law; on the other, there is a need to maintain the principle of the rule of law that it is the elected legislature, and not the executive or tax administration, that establishes tax burdens. The chapters in this volume explore that delicate balance. The Delicate Balance - Tax, Discretion and the Rule of Law considers the critical questions that arise from the intersections of tax, discretion and the rule of law in modern common and civil law jurisdictions: What do we mean by tax discretion and how does it vary in conceptual and practical terms in different tax regimes? -What role should discretion play in tax systems that operate under the rule of law and how large should that role be? -What are the legal, political, institutional and other constraints that can prevent abuse of discretion? -To what extent can, and should, the legislature safely delegate discretionary powers to tax administrations?

Agencies, Boards, and Commissions in Canadian Local Government

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Author :
Publisher : Institute of Public Administration of Canada
ISBN 13 : 9780920715192
Total Pages : 244 pages
Book Rating : 4.7/5 (151 download)

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Book Synopsis Agencies, Boards, and Commissions in Canadian Local Government by : Dale E. Richmond

Download or read book Agencies, Boards, and Commissions in Canadian Local Government written by Dale E. Richmond and published by Institute of Public Administration of Canada. This book was released on 1994 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federal Court of Canada

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Publisher : University of Toronto Press
ISBN 13 : 9780802042071
Total Pages : 880 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Federal Court of Canada by : Ian Bushnell

Download or read book The Federal Court of Canada written by Ian Bushnell and published by University of Toronto Press. This book was released on 1997-01-01 with total page 880 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is an authoritative history of the Federal Court of Canada. The judges' work in various areas of substantive law provides illustrations of the functioning of the Court in the adjudication of disputes.