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The Peter A. Allard School of Law
Public law; administrative law; judicial review; procedural review; fairness; substantive review; reasonableness; proportionality; discretion; analytic frameworks; judicial power; Aboriginal administrative law; duty to consult and accommodate; reasons; legitimate expectations; substantive fairness
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Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
Transubstantiation In Canadian Public Law: Processing Substance And Instantiating Process, Mary Liston
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Canadian public law blurs process and substance, a result confirming the prevailing view that this dichotomy ought never to be conceived as a simplistic bright-line distinction. Recent developments have created more than just a blurring but, rather, a strong linking or even fusion of the two. This paper probes the implications of these developments in public law. Section two briefly presents the historic and jurisprudential distinctions between process and substance and assesses its current legal import. Here I argue that judicially created analytic frameworks could assist by bringing a process-substance problem to the surface and constraining its potentially pernicious effects. …