Cited by the Supreme Court of Canada

Three chapters of Administrative Law in Context are mentioned in the Khosa decision:

• Chapter 2, The Tools of the Administrative State and the Regulatory Mix, by W.A. Bogart
• Chapter 4, Governments in Miniature: The Rule of Law in the Administrative State, by Mary Liston
• Chapter 8, Standard of Review: The Pragmatic and Functional Test, by Audrey Macklin

The full case is available at LexUM's SCC website.

Overview

Administrative Law in Context uses a unique two-part format — a 439-page hardbound text supported by an online case law database of more than 70 cases and case excerpts — the best of both for professors and students.

This ground-breaking resource is a collaborative work bringing together the expertise and varied perspectives of Canada’s leading scholars. Students will benefit from the multiple approaches provided and gain a greater sense of the real world of administrative decision-making. Concentrating on the general principles of administrative law, and the context in which administrative decision-making occurs, the authors convey a sense of how administrative boards and tribunals work in practice; for example, how decisions on budgets, staffing, websites, and translation can make the difference between justice and injustice; and how administrative law works differently in the politically charged context of public inquiries. In addition to the critical analysis and theory that the author team of leading academics provides, students are also given practical hands-on tips and checklists for those planning to practise administrative law.

Top ∧Content Summary

• An Introduction to (the Effervescence of) Administrative Law
• The Tools of the Administrative State and the Regulatory Mix
• Dogs and Tails: Remedies in Administrative Law
• Governments in Miniature: The Rule of Law in the Administrative State
• The Duty of Fairness — From Nicholson to Baker and Beyond
• Independence, Impartiality, and Bias
• The Charter and Administrative Law: Cross-Fertilization in Public Law
• Standard of Review: The Pragmatic and Functional Test
• A Fine Romance? The Modern Standards of Review in Theory and Practice
• Keeping a Check on Discretion
• Administering Security: The Limits of Administrative Law in the National Security State
• The Role of International Human Rights Norms in Administrative Law
• Regulations and Rule-Making: The Dilemma of Delegation
• Getting the Story Out: Accountability and the Law of Public Inquiries
• Access to Administrative Justice and Other Worries
• Advocacy Before Administrative Tribunals