Judicial Control of Administrative Action, 5e
Canadian Legal Studies Series

David Elliott    (Ed.)

Captus Press, ISBN 978-1-55322-231-6 (2011)
418 pages, 970 g, 8.5 X 11, $49.50 (US$39.60)

Judicial Control of Administrative Action is a book of readings and commentary about control of the administrative process, especially by the courts. It highlights the evolution and forms of judicial control in Canada, and looks at legislative initiatives for reform. Specific topics include procedural and substantive control, privative clauses, varieties of constitutional control, tort liability, and legislative codes.

Designed for the senior undergraduate level or higher and assumes familiarity with basic principles of administrative law, this new edition contains updated and expanded editorial commentary, extracts from contemporary decisions, such as Dunsmuir, Khosa, and Ward, and recent reforms, such as the Alberta Public Agencies Governance Act and the Ontario Adjudicative Tribunals Accountability, Governance and Appointments Act, 2009.

Table of Contents   top


  1   Introduction

  2   General Principles

  3   Procedural Review: Fair Opportunity to Be Heard

  4   Procedural Review: Bias and Other Issues

  5   Substantive Review: Decline of Classical Review

  6   Substantive Review: Rise of Contextualism

  7   Substantive Review: Some Contemporary Issues

  8   Constitutional Control: I

  9   Constitutional Control: II

10   Legislative Reforms: Ontario, Federal Government, and British Columbia

11   Other Statutory Review and Reforms

12   Tort Liability

13   Some General Thoughts

14   Review

Selected Readings


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About the Author   top

David W. Elliott, D.Phil., M.A., B.A. (Hons. Jur.), B.A., is Associate Professor of Law at Carleton University. He is the author of articles and other works in the areas of public law, administrative law and law and aboriginal peoples. He also teaches and has done consulting work in these fields.