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ISBN: 9781552210093

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Administrative Law

Administrative law probably touches each of us as citizens in more ways than any other area of law. It is the body of law that ensures that governments (and government officials) deal with us in a manner that is both lawful and fair. It governs the myriad of relationships that we, as citizens, have with our governments at every turn, from our dealings with Revenue Canada, to the application for a municipal building permit. David Mullan is one of Canada’s leading scholars in the area of administrative law. His book not only provides a clear overview and analysis of this important field, it also explores the complex issues involved in balancing effective and efficient government with the protection of individual interests and concerns.

Contributors

David Mullan

Professor Mullan is recognized as one of Canada's foremost scholars in administrative law. He lectured at the Victoria University of Wellington before joining the Queen's University Faculty of Law in 1971. Apart from four years (1973–1977) at Dalhousie Law School, he remained at Queen's until January 2004. Professor Mullan has taught a range of private and public law courses, but his major area of academic interest has been administrative law, a field in which he has written extensively. He is co-author of Administrative Law: Cases, Text and Materials, now in its fourth edition, written in collaboration with faculty members at Osgoode Hall Law School and the University of Toronto. He is also the author of the Administrative Law Title in the Canadian Encyclopedia Digest. Over the past 25 years, he has served as consultant on a number of law reform projects and is currently a panelist under Chapter 19 of the North American Free Trade Agreement and a part-time member of the Ontario Human Rights Code Board of Inquiry. Professor Mullan has been a recipient of the Queen's University Alumni Award for Excellence in Teaching, the Queen's University Prize for Excellence in Research, and in 1996, the Canadian Association of Law Teachers' Award for Academic Excellence. In July 2004, David Mullan was appointed Integrity Commissioner for the City of Toronto.

Chapter Title Abstract Contributors Pages Year Price

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Introduces the book by considering the reach of administrative law, focusing on the players, their roles and their limits, available avenues of recourse when statutory and prerogative authorities … 26 $2.60

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Discusses constitutional foundations, focusing on divisions of power, the implied Bill of Rights and other unwritten constitutional norms, the Canadian Charter of Rights and Freedoms, as well as … 17 $1.70

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Discusses jurisdiction, concentrating on the meaning of jurisdiction and the modern approach of the Supreme Court of Canada, which includes the relevance of privative clauses and statutory rights … 37 $3.70

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Explains jurisdictional wrangling, which deals with establishing a jurisdiction that would supplant that of the regular courts or pre-empt the regular courts’ entering a particular field. … 7 $0.70

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Discusses the error of law and error of fact review, placing focus on onus and standard of proof. 9 $0.90

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Discusses the abuse of discretion, focusing on the nature of discretionary power and links with jurisdiction, specific grounds, discretionary powers and the Charter, other constitutional … 34 $3.40

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Explores delegated legislation, focusing on legislative scrutiny, public consultation and judicial review. 11 $1.10

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Discusses the reach of procedural fairness rights, focusing on justifying administrative process values, the sources of process claims, general procedural codes, specific statutory regimes and … 30 $3.00

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Explains legitimate expectation, focusing on both legitimate expectation in the Supreme Court and legitimate expectation in the Lower Courts. 10 $1.00

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Discusses procedural protections under the Charter and the other various bills of rights, specifically focusing on the Charter, the Canadian Bill of Rights and the Québec Charter of Human … 27 $2.70

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Discusses statutory procedural codes by considering statues that delineate certain common procedural standards for the range of decision makers which are within their ambit in Alberta, Ontario … 13 $1.30

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Explores the consequences of a denial of procedural rights, focusing on the impact of judicial review and appeal rights, as well as the cure of defects on appeal. 5 $0.50

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Considers the importance of audi alteram partem (hear the other side), focusing on notice, discovery, the nature of hearings, the timing of hearings, representation, confidentiality, rules of … 89 $8.90

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Discusses bias and lack of independence, focusing on expanding the reach of the bias principle, bias and multi-member tribunals, bias tests, common situations in which a reasonable apprehension … 29 $2.90

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Explores the adjectival or ancillary powers of administrative tribunals, discussing jurisdiction of tribunals and statutory authorities generally to deal with Charter and other constitutional … 50 $5.00

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Conducts general discussions on administrative law, focusing on the prerogative remedies, habeas corpus, certiorari, prohibition, mandamus, quo warranto, equitable relief and interim relief. The … 22 $2.20

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Discusses statutory reform, focusing on the Federal Court Act, judicial review procedure acts such as those in British Columbia and Ontario, as well as other remedial reforms. 20 $2.00

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Explores standing, focusing on the traditional law, representative actions, public interest standing, intervenor status, standing in the federal court and standing of the tribunal or authority … 16 $1.60

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Explores other methods of judicial scrutiny of administrative action, particularly looking at statutory appeals and collateral attack. 11 $1.10

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Discusses limits on review, focusing on issue estoppel and remedies. 32 $3.20

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Considers money remedies, focusing on damages for administrative action or inaction and the repayment of monies paid to public authorities under a mistake. 22 $2.20

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Discusses the concept of the Ombudsman, considering its jurisdiction and the Ombudsman in action. A summary of the advantages and disadvantages of the Ombudsman’s jurisdiction is also provided. 9 $0.90

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Concludes by considering the future of administrative law, taking into account current trends such as privatization and outsourcing. 4 $0.40

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Provides a glossary of terms relevant to this book. 7 $0.70