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Regulatory Law and Practice, 3rd Edition

This book takes the multi-jurisdictional approach to regulatory law principles and examines regulatory processes beyond those of Canada and its provinces, looking at the regulatory processes in place in jurisdictions across the Commonwealth.

by J. Paul Salembier (Author)
Publisher: LexisNexis Canada
Publication Language: English
Book
$245.00
Quantity

Hardcover | 694 pages

In Stock
Published: October 06, 2021
ISBN/ISSN: 9780433505884
Publisher: LexisNexis Canada

Product description

While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box' little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.

Part I discusses the discipline of regulatory law and its role in society. Part II explains the principles imposed by the courts to limit the exercise of regulatory powers. Part III outlines the principles that govern regulatory processes, and compares the strengths and weaknesses of the controls on regulatory law-making across jurisdictions. Clear, detailed, and practical, this book demystifies regulations and the process by which they are made.

Features & Benefits

  • Discussion of cross-jurisdictional approaches, case law and regulatory procedures – learn the principles that govern the legality of regulations and the differences in how the enactment of regulations is controlled in various jurisdictions
  • Checklist of grounds for regulatory challenges – have a handy checklist for daily practice
  • Discussion of regulatory reform initiatives – learn about regulatory reform initiatives in other jurisdictions and models for future reforms

What’s New In This Edition

  • Discussion of Henry VIII clauses
  • New section on standard of review
  • Over 400 new cases since the previous edition published six years ago
  • International case law from New Zealand, Australia, the United Kingdom and Hong Kong that demonstrates both the similarities in the application of regulatory law principles in those jurisdictions, and the divergences sometimes taken

Who Should Read This Book

  • Lawyers with clients in regulated industries who must be able to examine regulations for fatal underlying weaknesses
  • Government Officials who need to develop, administer, and amend regulations that are legally valid and defensible
  • Government Lawyers who advise officials charged with making regulations and conduct regulatory reviews
  • Legislators charged with exercising control over delegated law-making powers
 

Featured Authors

J. Paul Salembier

J. Paul Salembier

J. Paul Salembier, B.Sc., LL.B., LL.M., is a former General Counsel with the Canadian Department of Justice, with more than three decades in government, largely spent drafting and developing regulations and statutes. He has taught regulatory law and statutory interpretation, and currently teaches legislative drafting as an adjunct professor at Queen's University Faculty of Law. He has also authored Legal and Legislative Drafting, 2nd Edition (LexisNexis 2018), Regulatory Law and Practice, 3rd Edition (LexisNexis 2021) and has written articles on regulatory law, legislative drafting and statutory interpretation.

View all books by J. Paul Salembier (2)

Table of contents

PART I: REGULATORY LAW
 Chapter 1: Introduction to Regulatory Law 
 Chapter 2: Delegated Legislation and Corruption 
 Chapter 3: History of Delegated Legislation 
 Chapter 4: What are Regulations? 
 
 PART II: LEGAL CHALLENGES TO REGULATIONS
 Chapter 5: Introduction to Challenging Regulations: Why Regulations are Vulnerable 
 Chapter 6: Defects in the Regulatory Process 
 Chapter 7: Interpreting the Enabling Statute 
 Chapter 8: Subdelegation 
 Chapter 9: Administrative Discrimination 
 Chapter 10: Other Implicit Limits on Regulatory Powers 
 Chapter 11: Reasonableness 
 Chapter 12: Obligation to Regulate 
 Chapter 13: Henry VIII Clauses
 
 PART III: REGULATORY PROCESS AND PRACTICE
 Chapter 14: Regulatory Process Reform 
 Chapter 15: Determining the Scope of the Regulatory Process 
 Chapter 16: Regulatory Process Controls 
 Chapter 17: Parliamentary Oversight of the Regulatory Process 
 Chapter 18: Options for Reform – Model Legislation
 

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