The Politicization of administrative law in Canada?
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.
Bibliography: p. 133-139.
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