The Politicization of administrative law in Canada?
dc.contributor.advisor | Knopff, Rainer | |
dc.contributor.author | Glenn, John Edward | |
dc.coverage.spatial | 20000046 | en |
dc.date.accessioned | 2005-08-05T16:52:50Z | |
dc.date.available | 2005-08-05T16:52:50Z | |
dc.date.issued | 1992 | |
dc.description | Bibliography: p. 133-139. | en |
dc.description.abstract | In recent years, Canadians have increasingly followed the American lead in their reliance upon the courts as instruments of political change. Whether the politicization of law in Canada has extended beyond the realm of constitutional law, however, remains an understudied question. This thesis examines the potential for the politicization of administrative law in Canada through an examination of a series of recent cases concerning federal environmental assessment activities under the Environmental Assessment Review Process Guidelines Order. The thesis hypothesizes that the prospects for the politicization of administrative law in Canada along American lines are rather bleak due to the Canadian executive's greater ability to forestall activist jurisprudence or overcome such activism as does occur through new legislation. This hypothesis is bourne out by the case study of environmental assessment litigation. The thesis concludes that due to the institutional context within which Canadian courts operate, the traditional model of administrative decision-making, based on the prudential exercise of executive discretion, will probably continue to inform environmental decision-making well into the foreseeable future. | |
dc.format.extent | vi, 139 leaves ; 30 cm. | en |
dc.identifier.citation | Glenn, J. E. (1992). The Politicization of administrative law in Canada? (Master's thesis, University of Calgary, Calgary, Canada). Retrieved from https://prism.ucalgary.ca. doi:10.11575/PRISM/17936 | en_US |
dc.identifier.doi | http://dx.doi.org/10.11575/PRISM/17936 | |
dc.identifier.isbn | 0315791616 | en |
dc.identifier.lcc | KF 5402 G54 1992 | en |
dc.identifier.uri | http://hdl.handle.net/1880/31103 | |
dc.language.iso | eng | |
dc.publisher.institution | University of Calgary | en |
dc.publisher.place | Calgary | en |
dc.rights | University of Calgary graduate students retain copyright ownership and moral rights for their thesis. You may use this material in any way that is permitted by the Copyright Act or through licensing that has been assigned to the document. For uses that are not allowable under copyright legislation or licensing, you are required to seek permission. | |
dc.subject.lcc | KF 5402 G54 1992 | en |
dc.subject.lcsh | Administrative law - Canada | |
dc.subject.lcsh | Canada - Politics and government | |
dc.subject.lcsh | Public law - Canada | |
dc.title | The Politicization of administrative law in Canada? | |
dc.type | master thesis | |
thesis.degree.discipline | Political Science | |
thesis.degree.grantor | University of Calgary | |
thesis.degree.name | Master of Arts (MA) | |
ucalgary.item.requestcopy | true | |
ucalgary.thesis.accession | Theses Collection 58.002:Box 820 520535244 | |
ucalgary.thesis.notes | offsite | en |
ucalgary.thesis.uarcrelease | y | en |
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