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Full-Text Articles in Law
Helping "Concerned Volunteers Working Out Of Their Kitchens": Funding Citizen Participation In Administrative Decision Making, Marcia Valiante, W. A. Bogart
Helping "Concerned Volunteers Working Out Of Their Kitchens": Funding Citizen Participation In Administrative Decision Making, Marcia Valiante, W. A. Bogart
Osgoode Hall Law Journal
Broad citizen participation in decision making by administrative bodies is important in achieving fairness, improving the quality of decisions, and realizing accountability and legitimacy. Yet such broad participation often hinges on adequate financial capacity. In this regard, the authors review a number of mechanisms used for funding citizen participation. These mechanisms are variations of essentially two models: public funding (direct and indirect) and direct funding by proponents. The article concludes with a plea for such mechanisms--even in a time of severe financial restraint-as one reflection of a vigorous participatory democracy.
The Problems Of Public Choice: The Case Of Short Limitation Periods, Kent Roach
The Problems Of Public Choice: The Case Of Short Limitation Periods, Kent Roach
Osgoode Hall Law Journal
This article examines public choice as a predictor of legislative behaviour and as a guide for statutory and constitutional interpretation. It focuses on short limitation periods, which have often been criticized as special interest legislation benefiting well-organized groups, such as medical doctors. The author concludes that the economic assumptions of public choice cannot adequately explain complexities in interest group behaviour, and that the Canadian legislative process has the ability to advance the interests of diffuse and unorganized groups, such as patients. The author also argues that given the absence of normative content in public choice analysis, Canadian courts have rightly …
Getting The Political Architecture Right, Richard Cullen, Peter Hanks
Getting The Political Architecture Right, Richard Cullen, Peter Hanks
Osgoode Hall Law Journal
As Australia approaches the twenty-first century, it finds itself, like a number of other Anglo-centred countries in the western world, including Canada, in the grip of continuing economic trauma. There has been a marked relative (and absolute) slip in general economic performance. This paper focuses on the linkages between this phenomenon and Australia's basic political architecture. It argues that, although renovation of Australian federalism is no panacea for these problems, there are linkages between Australia's aged, formal, political structure and its recent economic performance. Lack of attention to the task of serious, systematic renovation is allowing the present outdated political …