Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation

Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation

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This thesis surveys the last three decades of Canadian jurisprudence on the standards of review applicable to judicial review of substantive administrative decisions, with a focus on the guidance that is or is not forthcoming on the significance and practical application of reasonableness (deferenti...

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Main Author: Wildeman, Sheila
Other Authors: Dyzenhaus, David
Language:en_ca
Published: 2011
Subjects:
law
administrative law
0398
Online Access:http://hdl.handle.net/1807/29644
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spelling ndltd-TORONTO-oai-tspace.library.utoronto.ca-1807-296442014-02-21T03:56:50ZRomancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor CorporationWildeman, Sheilalawadministrative law0398This thesis surveys the last three decades of Canadian jurisprudence on the standards of review applicable to judicial review of substantive administrative decisions, with a focus on the guidance that is or is not forthcoming on the significance and practical application of reasonableness (deferential) review. My argument is that the doctrinal developments I survey trace out a burgeoning understanding of the purposes of substantive review which is at the same time a particular understanding of administrative state legitimacy. I refer to an account of legitimacy, or the legitimacy proper to law, that conceives of law as an aspirational project aimed at fostering relationships of reciprocity as between legal subjects and legal authorities. On this account (advanced in the work of David Dyzenhaus, and others), common law administrative law principles of procedural fairness and substantive reasonableness function as co-ordinate mechanisms for grounding administrative decision-making in a “culture of justification”.Dyzenhaus, David2011-062011-08-29T14:40:52ZNO_RESTRICTION2011-08-29T14:40:52Z2011-08-29Thesishttp://hdl.handle.net/1807/29644en_ca
collection NDLTD
language en_ca
sources NDLTD
topic law
administrative law
0398
spellingShingle law
administrative law
0398
Wildeman, Sheila
Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
description This thesis surveys the last three decades of Canadian jurisprudence on the standards of review applicable to judicial review of substantive administrative decisions, with a focus on the guidance that is or is not forthcoming on the significance and practical application of reasonableness (deferential) review. My argument is that the doctrinal developments I survey trace out a burgeoning understanding of the purposes of substantive review which is at the same time a particular understanding of administrative state legitimacy. I refer to an account of legitimacy, or the legitimacy proper to law, that conceives of law as an aspirational project aimed at fostering relationships of reciprocity as between legal subjects and legal authorities. On this account (advanced in the work of David Dyzenhaus, and others), common law administrative law principles of procedural fairness and substantive reasonableness function as co-ordinate mechanisms for grounding administrative decision-making in a “culture of justification”.
author2 Dyzenhaus, David
author_facet Dyzenhaus, David
Wildeman, Sheila
author Wildeman, Sheila
author_sort Wildeman, Sheila
title Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
title_short Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
title_full Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
title_fullStr Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
title_full_unstemmed Romancing Reasonableness: An Aspirational Account of the Canadian Case Law on Judicial Review of Substantive Administrative Decisions since C.U.P.E. v. N.B. Liquor Corporation
title_sort romancing reasonableness: an aspirational account of the canadian case law on judicial review of substantive administrative decisions since c.u.p.e. v. n.b. liquor corporation
publishDate 2011
url http://hdl.handle.net/1807/29644
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