The Province of Administrative Law pot

THE PROVINCE OF ADMINISTRATIVE LAW [...]... as the Law Foundation of Saskatchewan Visiting Professor at the College of Law, University of Saskatchewan This Chair was established in 1989 under an agreement between the Law Foundation of Saskatchewan and the University of Saskatchewan, and supports the appointment of a Visiting Professor at the College of Law I am most grateful to the Law Foundation and the College of Law for the opportunity to work... in the Faculty of Law, University of Toronto The Hon Madame Justice Claire L'Heureux-Dube is a Justice of the Supreme Court of Canada Hudson Janisch is Associate Dean of Graduate Studies and Professor of Law at the University of Toronto H Wade MacLauchlan is Professor of Law at the University of New Brunswick Janet McLean is Senior Lecturer in Law at The University of Auckland David Mullan is Professor... context of the Charter of Rights and Freedoms and of the public/private divide in other countries with "capital c" Constitutions and/or Bills of Rights The province of administrative law, in the sense of a branch of learning, is not coextensive with that of constitutional or public law. 2 Nevertheless, the terms are commonly used interchangeably without causing any confusion; as they are in many of the. .. nutshell the authors would not allow them to remain there for long My purpose in this paper is to make a contribution to some of the themes running through the collection and to indicate some linkages between the papers First of all, a word of explanation is necessitated by the ubiquity of the term "public law" The reference in the title of this book to administrative law, rather than to public law, is... School of Law, Bloomington Mark Aronson is Professor of Law at the University of New South Wales Jack M Beermann is Professor of Law at Boston University Paul Craig is Professor of Law and Fellow of Worcester College, University of Oxford David Dyzenhaus is Professor of Law and Philosophy at the University of Toronto Alison Harvison Young is Professor of Law at McGill University Murray Hunt is a Barrister... importance The story of the common law anti-discrimination principle,25 or equality principle as it has sometimes been called,26 also underscores the power (and arbitrariness) of legal classification Furthermore, the interplay of statutory regulation and the development of the common law brings out issues of institutional competence and the respective law- making spheres of the judiciary and the legislature... the public These callings were described as "common callings" because the goods or services were held out to the general public There were dozens of common callings in the medieval period but by the turn of the 18th century the number had dwindled to the three that survive to this day the innkeeper, the ferryman and the common carrier The common law regulated these common callings by obliging them to... Alfred Aman The growth of these phenomena in the United Kingdom in the early 1980s coincided with an upsurge in theoretical interest in and writing about administrative law 5 and a period of judicial activism there The substantial body of case -law in the United Kingdom since then, mostly concerning judicial review of self-regulatory bodies and contracting out—far greater in quantity than in any other Commonwealth... recently to reflect "the growing crisis in judicial review" in the United Kingdom: M Loughlin, "Courts and Governance", in Birks, above at n 2, 91, 98—107 and 110-11 The Province of Administrative Law 3 and groups.7 Arnold wrote in the aftermath of the Great Depression and in the midst of the New Deal, a time when many reform ideas were in the air The trouble with the schemes of idealistic reformers,... to the newly developing public utilities, and that regulatory role fell to the legislature This ensured the fragmentation and marginalisation of these bodies of law, and retarded the development of a unified public utilities law in Britain for more than a century It is only with the move to utility privatisation in the early 1980s that a body of public utility law worthy of the name has emerged there . another one arises. Does the market need the rule of law or is it itself a novel form of law? Are the atheoreticism of the com- mon law and its want of. supports the appoint- ment of a Visiting Professor at the College of Law. I am most grateful to the Law Foundation and the College of Law for the opportunity