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Full-Text Articles in Law
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
A Tale Of Two Maps: The Limits Of Universalism In Comparative Judicial Review, Adam M. Dodek
Osgoode Hall Law Journal
For most of the twentieth century, the dominant paradigm in comparative public law was particularism. This was accompanied by a strong skepticism towards universalist features and possibilities in public law and, especially, constitutional law. With the rise of judicial review after World War I--and especially in Eastern Europe after the collapse of the Soviet Union--comparative judicial review has begun to flourish. However, comparative scholarship on judicial review overemphasizes the centrality of "the question of legitimacy" of judicial review in a democratic polity. This has been a result of the mistaken extrapolation of the American debate over judicial review to other …
Boldly Going Where No Law Has Gone Before: Call Centres, Intake Scripts, Database Fields, And Discretionary Justice In Social Assistance, Lorne Sossin
Osgoode Hall Law Journal
This article focuses on the response of public law to bureaucratic disentitlement. Whether eligibility decisions for social welfare benefits are made on the basis of a face to face interview or telephone intake screening at a call centre, whether the questions are onerous for vulnerable applicants to answer, whether the bureaucratic hurdles can reasonably be surmounted or lead to the de facto exclusion of otherwise eligible applicants, all constitute questions which should be fundamentally intertwined with the question of whether a discretionary decision is legally valid. This is so not only because service delivery models and administrative design may determine …
Principles And Politics And Public Law, John A. G. Griffith
Principles And Politics And Public Law, John A. G. Griffith
Osgoode Hall Law Journal
The article examines questions of public law as they apply to some of the scandals that have affected the Thatcher regime in Britain. It looks at some of the principles which underlie parliamentary actions and the internal machinations of Governments. Finally, the article questions the application and development of administrative law which it seems is beset by inconsistency and contradiction in the courts of Britain.