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Vol 23 No 5 May/June 2018

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Drafting Commercial Agreements

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Unjust by Design: The Administrative Justice System in Canada

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ISBN13: 9780774824774
Published: June 2013
Publisher: University of British Columbia Press
Country of Publication: Canada
Format: Hardback
Price: £89.95

Usually despatched in 1 to 3 weeks.

Canadian legislatures regularly assign what are truly court functions to non-court, government tribunals. These executive branch judicial tribunals are surrogate courts and together comprise a little-known system of administrative justice that annually makes hundreds of thousands of contentious, life-altering judicial decisions concerning the everyday rights of both individuals and businesses.

This book demonstrates that, except perhaps in Quebec, the executive branch's administrative justice system is a ""justice system"" in name only. Failing to conform to rule-of-law principles or constitutional norms, its judicial tribunals are neither independent nor, in law, impartial. And they are only providentially competent. Unjust by Design describes a system in need of major restructuring.

Written by a respected critic, it presents a modern theory of administrative justice fit for that purpose. It also provides detailed blueprints for the changes the author believes would be necessary if justice were to in fact assume its proper role in Canada's administrative justice system.

This book will provoke a serious debate within the legal profession, the administrative justice system, the executive and legislative branches of government, and hopefully within the public at large about the our administrative justice system and the reforms proposed in this book.

The author has organised an interactive website administrativejusticereform.ca, and invites all interested parties to go there to interact with the author and each other around these important issues. To facilitate free and frank discussions, the website will allow participants to elect to have their names held in confidence if they wish to do so.