Open Access. Powered by Scholars. Published by Universities.®
Rule of law; administrative law; arbitrariness; fairness; standard of review; reasons; reasonableness; judicial review; Charter; Charter values; deference; Doré; proportionality
Articles 1 - 1 of 1
Full-Text Articles in Law
Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston
Governments In Miniature: The Rule Of Law In The Administrative State, Mary Liston
All Faculty Publications
This chapter discusses several of the key attributes of the rule of law and explores their relevance for Canadian administrative law: the rule of law as an unwritten constitutional principle; the rule of law as a political ideal which structures institutional relations and competencies; and, the rule of law as a distinctive political morality which, in Canada, is understood as a dialogue among the three branches of government. The chapter assesses the Canadian articulation of the rule of law in the jurisprudence of the Supreme Court of Canada, then turns to the contemporary judicial review of administrative action. Recent case …