The Province of Administrative Law by M Taggart

By M Taggart

In the past decade, administrative legislation has skilled awesome improvement. It has always been the most dynamic and powerful parts of felony innovation and of judicial activism. It has elevated its succeed in into an ever broadening sphere of private and non-private actions. principally during the mechanism of judicial assessment, the judges in numerous jurisdictions have prolonged the ambit of the normal treatments, in part in line with a perceived have to fill an responsibility vacuum created by way of the privatisation of public firms, the contracting-out of public companies, and the deregulation of and trade. The essays during this quantity concentration upon those and different shifts in administrative legislation, and in doing so that they draw upon the stories of numerous jurisdictions: the united kingdom, the U.S., Canada, Australia and New Zealand. the result's a wide-ranging and forceful research of the scope, improvement and destiny path of administrative legislation.

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Bell (eds), Oxford Essays in Jurisprudence, third series (Clarendon Press, Oxford, 1987), 57. It should be noted, in light of Alison Harvison Young's paper in this volume, that feminism arguably also has its roots in liberalism. See C. I. F. Gaus (eds), Public and Private in Social Life (Croom Helm, London, 1983), ch. 12. 15 Cf. D. Kennedy, "The Stages of the Decline of the Public/Private Distinction" (1982) 130 VPaLR 1349. The earlier attack on the public/private distinction by the Legal Realists was at best only partially successful.

V. ); Christie v. ); Rogers v. Clarence Hotel Co. ). For a complete list, see Backhouse, above a t n. 34, 321-34. 56 Of particular note, in light of David Dyzenhaus's paper in this volume, is the emphasis on equality. In the early case of Johnson v. Sparrow Archibald J. stressed the democratic character of the Canadian constitution which did not admit of distinctions of races or classes: "All men are equal before the law and each has equal rights as a member of the community". 57 Similarly, in dissent in Rogers v.

88 The Bhadauria case also provides a somewhat different vantage point to observe the playing out of functionalism and pluralism, discussed in Alison Harvison Young's paper. Bertha Wilson J. was the first woman appointed to the Supreme Court of Canada (in 1982) and her record in relation to review for error of law (discussed by Alison Harvison Young and David Dyzenhaus in their papers) supported strongly a deferential posture to administrative agencies and their law-making. The continuities with Bora Laskin's thought and judicial posture in administrative law are obvious,89 but Bhadauria illustrates real differences in approach and methodology.

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