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A Culture of Justification Paul Daly

A Culture of Justification By Paul Daly

A Culture of Justification by Paul Daly


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Summary

A Culture of Justification examines how a groundbreaking case involving undercover spies and a man’s fight for citizenship helped the Supreme Court of Canada forge a consensus on the future of one of the most important areas in Canadian law.

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A Culture of Justification Summary

A Culture of Justification: Vavilov and the Future of Administrative Law by Paul Daly

Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly explains why Canada’s administrative law was uncertain and confusing, and he assesses the proposition that Vavilov provides a roadmap to a brighter future. Looking at administrative law from its historic origins in sixteenth- and seventeenth-century England, identifying the complexity of its underlying structure, and describing divergent judicial attitudes to the growing administrative state, Daly builds a framework for understanding why multiple previous reform efforts failed and why Vavilov might very well succeed. This engaging study shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.

A Culture of Justification Reviews

"A comprehensive exegesis of the principles, core concepts, history, and (predicted) future of Canadian administrative law, with a focus on standard of review."

-- Dustin Kenall * Canadian Journal of Administrative Law & Practice *

Professor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process.

-- Ian Mackenzie, Slaw Magazine

About Paul Daly

Paul Daly holds the University Research Chair in Administrative Law and Governance at the University of Ottawa. He previously held academic appointments at the Université de Montréal and the University of Cambridge and has visited at Harvard Law School, Université Paris II Panthéon-Assas, and Louvain Global College of Law. He is an award-winning scholar whose bilingual research has appeared in many leading journals and edited collections and is frequently cited by courts across the common law world. Notable books include A Theory of Deference in Administrative Law: Basis, Application and Scope (Cambridge University Press, 2012) and Understanding Administrative Law in the Common Law World (Oxford University Press, 2021).

Table of Contents

Introduction

1 Why Is Administrative Law So Complicated?

2 A Deep Dive into Judicial Review

3 The Dunsmuir Decade

4 The Big Bang

5 Vavilov Hits the Road

6 Unresolved Issues after Vavilov

Conclusion

Notes; Selected Bibliography; Index of Cases; Index

Additional information

CIN0774869089VG
9780774869089
0774869089
A Culture of Justification: Vavilov and the Future of Administrative Law by Paul Daly
Used - Very Good
Hardback
University of British Columbia Press
2023-08-15
272
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
This is a used book - there is no escaping the fact it has been read by someone else and it will show signs of wear and previous use. Overall we expect it to be in very good condition, but if you are not entirely satisfied please get in touch with us

Customer Reviews - A Culture of Justification