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Full-Text Articles in Law

An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite Oct 1984

An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite

Dalhousie Law Journal

Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …


Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck Oct 1984

Rise And Fall Of Nova Scotia's Attorney General: 1749-1983, J. Murray Beck

Dalhousie Law Journal

The performance of Nova Scotia's thirty-seven attorneys general in the 234 years between 1749 and 1983 has been influenced by a variety of factors. In part, it has been dependent on the kind of political regime they helped to work: representative government up to 1848; responsible government in a single province between 1848 and 1867; and federal government since 1867. But it has been strongly affected, too, by the training, character, and attitudes of the attorneys general themselves; so, while the office has undoubtedly done much to mould the man, the reverse has been no less true, especially before 1900. …


Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan May 1984

Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan

Dalhousie Law Journal

In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, …