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Administrative Law Commons™

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1990

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Articles 301 - 308 of 308

Full-Text Articles in Administrative Law

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci Jan 1990

Commissions Of Inquiry And Public Policy In Canada, Frank Iacobucci

Dalhousie Law Journal

Most Canadians attach a great deal of importance to commissions of inquiry. When commissions of inquiry are appointed and when they report, great public attention is usually focussed on the substantive and serious issues discussed.

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Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay Jan 1990

Mandates, Legal Foundations, Powers And Conduct Ofcommissions Of Inquiry, A. Wayne Mackay

Dalhousie Law Journal

Indeed, it may be just as difficult to disentangle law and politics as it is to separate religious and sexual passions. While law has traditionally been presented as more value-neutral than politics, in either its academic or applied form, the inaccuracy of this view of law is becoming widely recognized. Value choices have always been a vital aspect of legal adjudication and the arrival of the Canadian Charter of Rights and Freedoms in 1982 has forced judges to be more overt about this aspect of their job.' The separation of law and politics is more a matter of mythology than …

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Comment On Inquiry Management, J G. Godsoe Jan 1990

Comment On Inquiry Management, J G. Godsoe

Dalhousie Law Journal

I think whether the commission is a policy commission or an investigative commission or both, as the case was with the Ocean Ranger Inquiry, a commission almost inevitably is drawn into an adversarial context. I think in the case of an investigative commission, the parties, who have interests at stake that are being investigated and adjudicated upon, will tend, over time, to start to question the validity of the commission. Likewise, a policy commission frequently is criticized as soon as it is announced or, as in the case of the MacDonald Commission, even before it was announced as being a …

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Reflections On Commission Research, Alan C. Cairns Jan 1990

Reflections On Commission Research, Alan C. Cairns

Dalhousie Law Journal

This paper explores the role of research in royal commissions. It is based primarily on my experience as one of three research directors for the Royal Commission on the Economic Union and Development Prospects for Canada, popularly known as the Macdonald Commission. Since royal commissions appear in many guises, much of what I say may not apply to other commissions. In general, my remarks are more applicable to those commissions that give advice on significant public policy matters than to more narrowly investigative commissions set up in response to allegations of corruption or scandal in government or to determine the …

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Should We Abandon The Adversarial Model In Favour Of The Inquisitorial Model In Commissions Of Inquiry?, Patrick Robardet Jan 1990

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 …

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The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris Jan 1990

The Commission And Its Report: Public Education, Advocacy And Lobbying, A Cairns, S Grange J, E C. Harris

Dalhousie Law Journal

Mr. Harris: The question concerning the justification of commissions of inquiry has been raised in the preceding discussions. If their sole justification is having the bulk of their recommendations implemented, the institution probably would have died out long ago. Nevertheless, it must be of considerable concern to commissioners that the record has not been good in terms of implementation and one of the questions that perhaps will determine how successful commissions are in this respect has to do with what happens when the report is delivered and thereafter. These questions will be largely the subject of the panel that we …

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The Two Contradictions In Public Inquiries, Liora Salter Jan 1990

The Two Contradictions In Public Inquiries, Liora Salter

Dalhousie Law Journal

Given how frequently they are commissioned, it is surprising how little has been written about inquiries and, more particularly, about the role of science and advocacy within them.' The lack of serious attention paid to inquiries may be a product of their diversity. For example, inquiries include royal commissions and consultative committees and risk assessments. Some of these inquiries have wide-ranging mandates, commission extensive research and actively solicit public commentary, while others are more closely akin to legal proceedings. Grouping such different objectives and activities under a single category - namely, inquiries - is intrinsically difficult. Or the reason for …

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Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey Lubbers Jan 1990

Risk Regulation At The Federal Level: Administrative Procedure Constraints And Opportunities, Jeffrey Lubbers

Scholarly Articles in Law Reviews & Journals

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