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 explains why Canada’s administrative law was uncertain and confusing, and he assesses the proposition that Vavilov provides a roadmap to a brighter future. Looking at administrative law from its historic origins in sixteenth- and seventeenth-century England, identifying the complexity of its underlying structure, and describing divergent judicial attitudes to the growing administrative state, Daly builds a framework for understanding why multiple previous reform efforts failed and why Vavilov might very well succeed. This engaging study 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.
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A Culture of Justification examines how a groundbreaking case involving undercover spies and a man’s fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.
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Introduction1 Why Is Administrative Law So Complicated?2 A Deep Dive into Judicial Review3 The Dunsmuir Decade4 The Big Bang5 Vavilov Hits the Road6 Unresolved Issues after VavilovConclusionNotes; Selected Bibliography; Index of Cases; Index
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"A comprehensive exegesis of the principles, core concepts, history, and (predicted) future of Canadian administrative law, with a focus on standard of review."
I have been reading Paul Daly’s work for almost a decade, and this is one of the most important books he has written. It is a perfect, comprehensive account of Canadian administrative law.

Produktdetaljer

ISBN
9780774869089
Publisert
2023
Utgiver
Vendor
University of British Columbia Press
Vekt
460 gr
Høyde
216 mm
Bredde
140 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
272

Forfatter

Om bidragsyterne

Paul Daly holds the University Research Chair in Administrative Law and Governance at the University of Ottawa. He previously held academic appointments at the Université de Montréal and the University of Cambridge and has visited at Harvard Law School, Université Paris II Panthéon-Assas, and Louvain Global College of Law. He is an award-winning scholar whose bilingual research has appeared in many leading journals and edited collections and is frequently cited by courts across the common law world. Notable books include A Theory of Deference in Administrative Law: Basis, Application and Scope (Cambridge University Press, 2012) and Understanding Administrative Law in the Common Law World (Oxford University Press, 2021).