External Review of Administrative Decisions: Petitions to Cabinet, Appeals to Court, and Judicial Review
ISBN/ISSN/Product Number: 978-0-7798-7304-3
Product Type: Book
Number of Pages: Approximately 760 pages
Number of Volumes: 1 volume bound
Binding: softcover
Publication Date: 2016-07-28
Publisher: Carswell
Price: $213.00

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Description
There are three principle avenues by which administrative decisions are externally reviewed: petitions to cabinet, appeals to a court, and judicial review by a court. External Review of Administrative Decisions consists of three full chapters excerpted from the larger six-volume service Practice and Procedure Before Administrative Tribunals by Robert W. Macaulay and James Sprague, which canvass the legal principles governing the conduct of these three principle avenues of external review. All three forms of review have evolved significantly in the last twenty years. Underlying the modern Dunsmuir deference is the evolution which has taken place in administrative decision-making in accordance with the evolving scope of the concepts of fairness and administrative process. It is against this evolutionary backdrop that the modern concepts of judicial review have developed and continue to be developed. Today the complexity of administrative law is no longer the concept of natural justice and fairness, but rather is the relationship of the courts to the new form of administrative decision-making. The text offers a discussion of the roots and nature of the external forms of review: who can avail themselves of those reviews, what can hope to be secured thereby, and the principles underlying their operation.
About the Author
James L.H. Sprague has served as counsel with the federal Department of Justice, the Standing Joint Committee of the Senate and House of Commons for the Scrutiny of Regulations, the Commissioner of Canada Elections, and the Canadian Nuclear Safety Commission. His most recent appointment was as Senior General Counsel with Elections Canada where he headed its Legal Services and its Legislative Policy and Analysis Directorates. He has also held various agency appointments with Ontario provincial agencies. He is the author of a number of texts on Canadian administrative law: Macaulay and Sprague's Practice and Procedure Before Administrative Tribunals, The Annotated British Columbia Administrative Tribunals Act, and Hearings Before Administrative Tribunals. A former member of the editorial board of the Canadian Journal of Administrative Law and Practice, former editor of the bi-monthly Administrative Agency Practice, he is a frequent contributor of articles and commentaries on administrative law topics in various legal journals, and was a founding director of the Council of Canadian Administrative Tribunals. A frequent speaker on administrative law topics he has participated in seminars and conferences at the federal and provincial level before many varied government departments and agencies. Mr. Sprague was a recipient of the Queen Elizabeth II Golden Jubilee Medal for his contribution to Canadian administrative law.
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