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This original book fills a significant gap in legal literature by
providing an exploration of research methodologies in public law, a
field of research in which research methods are becoming
increasingly prominent and sophisticated. Featuring thoughtful
chapters written by leading scholars in the field, this book
provides a thorough explanation of the key features,
characteristics, and challenges of distinct methodological
approaches to public law research. Divided into four broad
categories; traditional, institutional, technical and critical,
chapters cover a wide range of approaches, from doctrinal and
interpretive methods to empirical, socio-legal, and Marxist
approaches. The book promotes critical reflection on many of the
most common methodological approaches and aims to demystify
research methodologies in public law for new scholars and
interdisciplinary researchers alike. Researching Public Law in
Common Law Systems will be essential reading for academics and
students in public law, suitable for advanced scholars and those
who are new to the field. It will also be relevant to those with an
interest in empirical methods, legal methods, and research
methodologies more broadly in the social sciences.
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 builds a framework for
understanding why several previous reform efforts failed and
assesses the proposition that Vavilov might very well succeed in
providing a roadmap to a brighter future. This engaging, in-depth
study of one of the most important areas of Canadian law 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.
The year 2017 marked the 150th anniversary of Confederation and the
1867 Constitution Act. Anniversaries like these are often seized
upon as opportunities for retrospection. This volume, by contrast,
takes a distinctively forward-looking approach. Featuring essays
from both emerging and established scholars, The Canadian
Constitution in Transition reflects on the ideas that will shape
the development of Canadian constitutional law in the decades to
come. Moving beyond the frameworks that previous generations used
to organize constitutional thinking, the scholars in this volume
highlight new and innovative approaches to perennial problems, and
seek new insights on where constitutional law is heading. Featuring
fresh scholarship from contributors who will lead the
constitutional conversation in the years ahead - and who represent
the gender, ethnic, linguistic, and demographic make-up of
contemporary Canada - The Canadian Constitution in Transition
enriches our understanding of the Constitution of Canada, and uses
various methodological approaches to chart the course toward the
bicentennial.
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 builds a framework for
understanding why several previous reform efforts failed and
assesses the proposition that Vavilov might very well succeed in
providing a roadmap to a brighter future. This engaging, in-depth
study of one of the most important areas of Canadian law 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.
The year 2017 marked the 150th anniversary of Confederation and the
1867 Constitution Act. Anniversaries like these are often seized
upon as opportunities for retrospection. This volume, by contrast,
takes a distinctively forward-looking approach. Featuring essays
from both emerging and established scholars, The Canadian
Constitution in Transition reflects on the ideas that will shape
the development of Canadian constitutional law in the decades to
come. Moving beyond the frameworks that previous generations used
to organize constitutional thinking, the scholars in this volume
highlight new and innovative approaches to perennial problems, and
seek new insights on where constitutional law is heading. Featuring
fresh scholarship from contributors who will lead the
constitutional conversation in the years ahead - and who represent
the gender, ethnic, linguistic, and demographic make-up of
contemporary Canada - The Canadian Constitution in Transition
enriches our understanding of the Constitution of Canada, and uses
various methodological approaches to chart the course toward the
bicentennial.
In the modern administrative state, hundreds if not thousands of
officials wield powers that can be used to the benefit or detriment
of individuals and corporations. When the exercise of these powers
is challenged, a great deal can be at stake. Courts are confronted
with difficult questions about how to apply the general principles
of administrative law in different contexts. Based on a comparative
theoretical analysis of the allocation of authority between the
organs of government, A Theory of Deference in Administrative Law
provides courts with a methodology to apply no matter how complex
the subject matter. The firm theoretical foundation of deference is
fully exposed and a comprehensive doctrine of curial deference is
developed for application by courts in judicial review of
administrative action. A wide scope is urged, spanning the whole
spectrum of government regulation, thereby ensuring wide access to
public law remedies.
For centuries, courts across the common law world have developed
systems of law by building bodies of judicial decisions. In
deciding individual cases, common law courts settle litigation and
move the law in new directions. By virtue of their place at the top
of the judicial hierarchy, courts at the apex of common law systems
are unique in that their decisions and, in particular, the language
used in those decisions, resonate through the legal system.
Although both the common law and apex courts have been studied
extensively, scholars have paid less attention to the relationship
between the two. By analyzing apex courts and the common law from
multiple angles, this book offers an entry point for scholars in
disciplines related to law - such as political science, history,
and sociology - who are seeking a deeper understanding and new
insights as to how the common law applies to and is relevant within
their own disciplines.
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