Law Administrative Law & Regulatory Practice
A Culture of Justification
<EM>Vavilov</EM> and the Future of Administrative Law
- Publisher
- UBC Press
- Initial publish date
- Aug 2023
- Category
- Administrative Law & Regulatory Practice, Courts, Legal History
-
Hardback
- ISBN
- 9780774869089
- Publish Date
- Aug 2023
- List Price
- $75.00
-
Paperback / softback
- ISBN
- 9780774869096
- Publish Date
- Aug 2023
- List Price
- $29.95
-
eBook
- ISBN
- 9780774869119
- Publish Date
- Aug 2023
- List Price
- $125.00
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Description
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.
About the author
Paul Daly was an award winning photojournalist in Ireland prior to moving to Newfoundland and Labrador. He garnered a local following as ”that photographer from The Independent." His images have been featured in newspapers and magazines nationally and internationally.
Editorial Reviews
Professor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process.
Ian Mackenzie, Slaw Magazine
"A comprehensive exegesis of the principles, core concepts, history, and (predicted) future of Canadian administrative law, with a focus on standard of review."
Canadian Journal of Administrative Law & Practice
