Canadian legislatures regularly assign what are truly court functions
to non-court, government tribunals. These executive branch
“judicial” tribunals are surrogate courts and together comprise a
little-known system of administrative justice that annually makes
hundreds of thousands of contentious, life-altering judicial decisions
concerning the everyday rights of both individuals and businesses.
This book demonstrates that, except perhaps in Quebec, the executive
branch’s administrative justice system is a justice system in name
only. Failing to conform to rule-of-law principles or constitutional
norms, its judicial tribunals are neither independent nor, in law,
impartial and are only providentially competent. Unjust by Design
describes a system in transcendent need of major restructuring.
Written by a respected critic, it presents a modern theory of
administrative justice fit for that purpose. It also provides detailed
blueprints for the changes the author believes would be necessary if
justice were to in fact assume its proper role in Canada’s
administrative justice system. This book will provoke a serious debate
within the legal profession, the administrative justice system, the
executive and legislative branches of government, and perhaps within
the public at large about the structures and quality of our
administrative justice system – and also about the reforms proposed
in this book. For the convenience of those who might wish to
contribute to that debate, the author has organized an interactive
website, administrativejusticereform.ca, and invites all interested
parties to go there and talk to him and each other about these
important issues. To facilitate free and frank discussions, the
website will be structured to allow participants to elect to have
their names held in confidence if they wish to do so.
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Canada’s Administrative Justice System
Produktdetaljer
ISBN
9780774824798
Publisert
2021
Utgave
1. utgave
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter