Executive Legislation 2nd ed
Published: August 2010
Publisher: LexisNexis Canada
Country of Publication: Canada
Price: Price on Application
Eighteen years since the release of the first edition, Chief Legislative Counsel John Mark Keyes has produced an update of Canada's definitive textbook on legislative instruments made by governmental authorities - Executive Legislation.
This volume is the product of the author's 25 years of experience of legislative drafting, teaching and writing in this vital, but often overlooked area of law. The book begins with a threshold examination of what constitutes executive legislation (which embraces instruments most commonly referred to as "regulations" or "orders in council") in the context of the legal system that authorizes and delimits its effect as law.
It then considers how it is made and operates within this context and provides a comparative law perspective ranging not only throughout Canada, but also across Commonwealth jurisdictions (the UK, Australia and New Zealand).
- Distinguishing characteristics of executive legislation and its relationship to other legal instruments for implementing governmental policy objectives
- Constitutional constraints on executive legislation
- Requirements governing the way executive legislation is made
- Substantive scope of authority to make executive legislation and the provisions it may contain
- Requirements to make or include content in executive legislation
- Mechanics of how executive legislation operates as well as the process for its review by parliamentary, judicial and quasi-judicial bodies
New in this edition:-
- Substantial update on developments over the past two decades, including new case law and legislation and emerging issues relating to matters ranging from Aboriginal rights to taxation
- Thoroughly re-organized and expanded to increase research efficiency, going from three parts in the first edition, to five parts for the new edition
- Updates on the application of legal principles and rules that cut across all substantive legal areas in relation to government regulations and other executive legislation