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Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Something To Talk About: Regulation And Justification In Canadian Municipal Law, Hoi Kong
Osgoode Hall Law Journal
Although municipal law is a subset of administrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a …
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Rethinking The Doctrine Of Legitimate Expectations In Canadian Administrative Law, David Wright
Osgoode Hall Law Journal
The author examines recent cases that have transplanted the doctrine of legitimate expectations from British into Canadian law. He concludes that the doctrine has been applied in a confused way in this country, without proper consideration of its "fit" with the Canadian duty of fairness. He argues that the place of the doctrine should be to determine what fairness requires when statements or actions of a decisionmaker have led to a legitimate expectation. The suggestion that it should be an exception to the rule that legislative decisions do not attract the duty of fairness is rejected in favour of a …