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Self-Represented Litigants, Active Adjudication And The Perception Of Bias: Issues In Administrative Law, Michelle Flaherty
Self-Represented Litigants, Active Adjudication And The Perception Of Bias: Issues In Administrative Law, Michelle Flaherty
Dalhousie Law Journal
This paper advocates for a more active role for adjudicators, one in which they provide direction to parties and actively shape the hearing process. Active adjudication can be an important access to justice tool. Without some direction and assistance from the adjudicator, growing numbers of self-represented litigants cannot meaningfully access administrative justice. Importantly, however, as the role of the adjudicator shifts, so too must our understanding of the notion of impartiality If it is unfair to expect self-represented litigants to navigate the hearing process without adjudicative assistance and direction, it is also unfair to insist on a vision of impartiality …
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Salvaging The Welfare State?: The Prospects For Judicial Review Of The Canada Health & Social Transfer, Lorne Sossin
Dalhousie Law Journal
The Canadian Health and Social Transfer ("CHST"), which came into force on April 1, 1996, contains no national standards relating to the quality of social welfare. The goal of this new transfer was to promote provincial flexibility in the sphere of social policy. The author argues that this flexibility may undermine the core of the Canadian welfare state. Given the preoccupation of the provincial and federal governments with devolution, welfare recipients must turn to the judiciary to determine the "bottom line" of the welfare state. The author explores the various constitutional and administrative law grounds on which the federal government's …
"Cinderella" Services In The Nhs Internal Market:Does Contracting Make A Difference?, David Hughes, Siobhan Mcclelland, Lesley Griffiths
"Cinderella" Services In The Nhs Internal Market:Does Contracting Make A Difference?, David Hughes, Siobhan Mcclelland, Lesley Griffiths
Dalhousie Law Journal
This paper examines the impact of the NHS internal market reforms on an aspect of equity in the British system that features little in recent policy commentary: the allocation of resources between acute services for the entire population and nonacute services for the elderly, the mentally ill, and the disabled (the so-called "Cinderella" services). The authors' research on health planning and contracting in the NHS in Wales suggests that patterns of services have remained largely unchanged, and that pressures in the reformed system, such as the Patient's Charter initiative, prevent any major reallocation of resources away from the acute sector. …
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet
Dalhousie Law Journal
I approach the question I was asked to address today from the perspective of administrative law with a particular emphasis on related issues of public administration. In doing so, I bear in mind Professor Arthurs' well known criticism of common lawyers' attitudes towards public administration. In a similar vein of thought, Professor Wesley Pue recently noted: Such attitudes are part and parcel of the ideology-of law and as such are inculcated in lawyers as they partake of legal education, read legal scholarship and practice law. Even where serious efforts are made to escape the bounds of inherited legal thought, a …
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Jurisdiction, Fairness And Reasonableness, Julius H. Grey, Lynne-Marie Casgrain
Dalhousie Law Journal
There is no doubt that in the days of procedural refinements, arbitrary distinctions and uncertainty as to the purpose of judicial review, the subject was exceedingly complicated and unnecessarily subtle. With the new dominance of relatively simple concepts, and more obvious policy goals, we may reduce the subject to a wholesome simplicity, so that both the government and the citizens can know and understand their rights. To do so, we have to consider the fundamental concepts one by one, and then apply them to recent jurisprudence and to the policy of modern administrative law.
Administrative Law Of The Seventies, Hudson N. Janisch
Administrative Law Of The Seventies, Hudson N. Janisch
Dalhousie Law Journal
Canadian lawyers make far too little use of the rich body of administrative law which has been developed in the United States. To some extent this is because the very sophistication and complexity of that law makes occasional unorganized forays and serendipitous research intimidating and, all too often, frustrating ventures. The purpose of this review is to introduce the Canadian reader to the latest volume of the leading treatise and to a new one volume textbook. Each, in its own way, may serve as an invaluable guide and introduction to American administrative law. Before going any further it would be …
The University Visitor, William Ricquier
The University Visitor, William Ricquier
Dalhousie Law Journal
Despite having provided, in Doctor Bentley's case, 2 one of the seminal cases concerning the right to be heard, it would be an exaggeration to say that the university as an institution has played a major role in the emergence of a developed system of administrative law. There are a number of reasons for this. Generally, it must be observed that only in comparatively recent times has there been such a system, and that, either as a part of such a development, or as a result of it, the courts have only recently extended the scope of judicial review from …
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Recent Developments In Nova Scotian Administrative Law, David J. Mullan
Dalhousie Law Journal
In 1976, in the first of these surveys, I dealt exclusively with Nova Scotia decisions involving the substantive grounds of judicial review - jurisdictional error, error of law on the face of the record and breach of the rules of natural justice.' Remedies were scarcely mentioned for the very good reason that in the period then under review there were few, if any cases, raising important remedial problems. Now, just over a year later, the situation is the reverse. Most of the interesting judicial review cases of the last eighteen months in Nova Scotia have been ones involving remedial problems. …