Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 2 of 2
Full-Text Articles in Law
The Nova Scotia Ombudsman, T. J. Mcbride
The Nova Scotia Ombudsman, T. J. Mcbride
Dalhousie Law Journal
Along with the dramatic rise of the welfare state, a concept of government generally accepted by most Canadians if not enthusiastically supported, has come a realization that the opportunities for individual grievances against government have multiplied. Each year ".... thousands of administrative decisions are made, many of them by minor officials, which affect the lives of every citizen. If some of these decisions are arbitrary or unjustified, there is no easy way for the ordinary citizen to gain redress" .' Rather belatedly, many governments have recognized that the existing machinery to protect the citizen against unfair administrative action is inadequate …
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
The Declaratory Judgment: Its Place As An Administrative Law Remedy In Nova Scotia, David Mullan
Dalhousie Law Journal
In recent years there has been considerable writing throughout the Commonwealth on the potential of the declaratory judgment as a remedy for reviewing unlawful administrative action. 2 It is not my purpose in this note to add to the already ample general discourse on this topic. Rather, I will be concentrating on some particular aspects of the remedy, aspects which have been brought into prominence by recent legislative changes and judicial decisions.