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Canadian Administrative Law, 2nd Edition – Student Edition

This second edition of Canadian Administrative Law - Student Edition provides an updated look at this important area of law, taking the new case law into account while providing readers with a comprehensive guide to the subject. It is a valuable reference for anyone involved in the practise or study of administrative law.
Publication Language: English
Book
$105.00
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In Stock
Published:
ISBN/ISSN: 9780433475286

Product details

Your complete compendium of administrative law resources
Since the first edition of this book was published in 2008, administrative law in Canada has evolved considerably, due in part to a number of recent Supreme Court of Canada decisions. This second edition of Canadian Administrative Law provides an updated look at this important area of law, taking the new case law into account while still providing readers with a comprehensive guide to the subject. In particular, this volume offers an explanation of: the theoretical foundations of judicial review and how they are supported by the constitution; the powers of administrative decision-makers; why and under what circumstances decision-makers determine both constitutional and jurisdictional issues; the standard of review; fairness; bias; and procedural issues.

Highlights of this Essential Resource
Canadian Administrative Law, 2nd Edition is a valuable reference for anyone involved in the practice or study of administrative law – from lawyers in private practice, government lawyers and academics, to judges and adjudicators, to paralegals and law students. This treatise features:
  • Expert analysis, including comprehensive coverage of the key aspects of administrative law, such as procedural fairness, bias, impartiality, jurisdiction, discretion and the standards of review
  • Invaluable practical tips, including an in-depth discussion of the relationship between constitutional and administrative law in Canada
  • Relevant case law, fully updated
  • Research tools, including a table of cases and topical index which greatly reduce the work necessary when researching specific cases
New in this Edition
This second edition of Canadian Administrative Law has been fully updated to reflect changes in the case law since the book's original publication and examines:
  • New cases that have applied the standard of review for administrative appeals following in the wake of the seminal Dunsmuir decision
  • Federal court jurisdiction to decide claims for damages
  • Supreme Court of Canada decisions affecting Charter remedies in administrative law (R. v. Conway, R. v. Dore)
  • Consultation and accommodation in Aboriginal and constitutional law
  • Grounds of judicial review for regulations and by-laws
  • The current approach to "jurisdictional questions" and the standard of review
  • Exercise of discretion with respect to errors of law (Halifax (Regional Municipality) v. Canada (Public Works and Government Services))
In addition, readers will benefit from brand new chapters on administrative procedure and the statutory framework for procedural rules and issues across Canada, as well as new discussion and analysis of:
  • The preliminary or collateral question doctrine as a factor in the historical evolution of judicial review
  • The rules of procedural fairness
  • Remedying errors via the standard of judicial review
  • Privative clauses and tribunal expertise, jurisdictional questions, patent unreasonableness, reasonableness and proportionality (including the test in Dore v. Barreau du Quebec)
  • Habeas corpus and other remedies

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Table of contents

Chapter 1: Introduction
Chapter 2: Relationship Between Constitutional Law and Administrative Law
Chapter 3: Delegation and Regulation-Making
Chapter 4: Jurisdiction
Chapter 5: Discretion
Chapter 6: Procedural Fairness/Audi Alterem Partem
Chapter 7: Impartiality, Bias and Independence/Nemo Judex in Causa Sua
Chapter 8: Standards of Review
Chapter 9: Remedies
Chapter 10 Statutory Framework