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Articles 1 - 4 of 4
Full-Text Articles in Law
Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn
Operative Subsidiarity And Municipal Authority: The Case Of Toronto’S Ward Boundary Review, Alexandra Flynn
Osgoode Hall Law Journal
In 2013, under threat of a resident petition and, at worst, an Ontario Municipal Board (OMB) order that would unilaterally impose new electoral districts, the City of Toronto embarked on its first ward boundary review (WBR) since the enactment of the City of Toronto Act, 2006 (COTA). The WBR highlighted the scattered application of subsidiarity within Canada’s federation. Under the notion of federalism enshrined in the Canadian Constitution, municipalities are granted only those powers that derive from provincial legislation. However, the Supreme Court of Canada has invoked the European principle of “subsidiarity” to reframe municipal authority over local issues. The …
Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn
Re-Imagining Local Governance: The Landscape Of "Local" In Toronto, Alexandra Elizabeth Flynn
PhD Dissertations
In 1997, the Province of Ontario formed the City of Toronto, amalgamating one regional and six small municipalities into a single city government. This action altered the formal institutions of local governance, replacing what was once regional with a City Council meant to represent city-wide issues, and without providing a clear model for local or smaller-than-city decision-making. The purpose of this dissertation is to conceptualize the meaning of local governance within the City of Toronto as a result of the overlap of wards (as represented by councillors), community councils, business improvement areas and neighbourhood associations, each of which claim geographical …
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
Legal Anarchism: Does Existence Need To Be Regulated By The State, Sirus Kashefi
PhD Dissertations
This thesis asks does existence need to be regulated by the State? The answer relies on legal anarchism, an interdisciplinary, particularly criminal law and philosophy, and unconventional research project based on multiple methodologies with a specific language. It critically analyzes and consequently rejects State law because of its unjustified and unnecessary nature founded on unlimited violence and white-collar crime (Chapters 1-4), on the one hand, and suggests some alternatives to the Governmental legal system founded on agreement and peace (Chapter 5), on the other hand. It furthermore takes into account the elements of time and space, which means the ecological, …
Have We Legalized Corruption? The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley M. Makuch, Matthew Schuman
Have We Legalized Corruption? The Impacts Of Expanding Municipal Authority Without Safeguards In Toronto And Ontario, Stanley M. Makuch, Matthew Schuman
Osgoode Hall Law Journal
This article discusses the importance of rule of law values such as predictability, certainty, equality, and procedural safeguards in controlling corruption at the municipal level of government and how those values are being replaced by political and economic values such as efficiency, discretion, responsiveness, and need. Particular attention is placed on how this change in values may lead to corruption and abuse of power in planning and other decisions made by municipal governments.