Articles

Administrative Law

  • Aspects of Canadian Administrative Law: Audi Alteram Partem

    A number of years ago, the then leading scholar of English Administrative Law concluded: “It is often possible to comply with the audi alteram partem rule without incurring any risk of being mistaken for a participant in the proceedings before a court of Justice”. Do you agree that this is an accurate description of the working of the fairness doctrine in contemporary Canadian Administrative Law?

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    Aspects of Canadian Administrative Law: Bias & Independence

    A leading student of American administrative law once observed: “We must recognize that agencies are set up to promote certain affirmative policies. They cannot be expected to act independently and with cold neutrality of an impartial judge”. Do you believe that this is recognized in contemporary Canadian Administrative Law? Should it be?

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    Aspects of Canadian Administrative Law: To Review or Not To Review?

    In commenting on the importance of the test of comparative qualifications, an early exponent of the potential role of he Administrative process in the U. S. A. concluded: “If the extent of the judicial review is shaped, as I believe it should be, by reference to an appreciation of the qualities of expertness in decision making that the administrative agency may possess, important consequences follow.” What important consequences do you believe he had in mind? Is this insight helpful in explaining the role of the courts in reviewing substantive decisions in contemporary Canadian Administrative law?

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  • The Munro College - Fallout: When Role Models Stop Role Playing

    I have read with concern the recent fallout from the decision of the Minister to overturn the decision of the Munro School Board on account of a procedural error or irregularity. I am concerned that there is this unfortunate turn of events spurred on by the leadership when the system actually works.

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