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Full-Text Articles in Law
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
A Constitutional Future For Abortion Rights In Canada, Joanna Erdman
Articles, Book Chapters, & Popular Press
In 2015, Abortion Access Now PEI legally challenged the restrictive abortion policy of Prince Edward Island. This article studies their challenge as a unique case in the building of a constitutional future for abortion rights in Canada. The article tracks how AAN PEI drew on classic rule of law arguments of transparency, accountability, and constitutional justice to shape and claim abortion rights as democratic rights, an entitlement to fully and equally participate in and benefit from the health care system as a fundamental social institution of the state.
Legitimate Expectations In Canada: Soft Law And Tax Administration, Sas Ansari, Lorne Sossin
Legitimate Expectations In Canada: Soft Law And Tax Administration, Sas Ansari, Lorne Sossin
Articles & Book Chapters
This chapter examines the relationship between legitimate expectations and soft law. In what circumstances can an agency’s guidelines create law — or at least legally enforceable expectations? At first glance, the answer would appear obvious. The key reason for developing soft law is to provide guidance and transparency as to the process (and sometimes the substance) of administrative action. Soft law by its nature gives rise to expectations. Whether those expectations, in turn, give rise to legal effects is decidedly less clear. In fact, this question has vexed Canadian administrative law. Nowhere are questions of soft law and legitimate expectations …