Abstract

http://ssrn.com/abstract=1090260
 
 

Citations (1)



 


 



Rethinking the Process/Substance Distinction: Baker V. Canada


David Dyzenhaus


University of Toronto - Faculty of Law/Department of Philosophy

Evan Fox-Decent


McGill University - Faculty of Law


David Dyzenhaus, Evan Fox-Decent RETHINKING THE PROCESS/SUBSTANCE DISTINCTION BAKER V. CANADA, The University of Toronto Law Journal, Vol. 51, No. 3, pp. 193-242, 2001

Abstract:     
The authors argue that in Baker v. Canada, the Supreme Court of Canada set out a unified theory of judicial review which seeks to rest review on substantive ideals related to fundamental values such as human rights and the best interests of children. The Court's reliance on substantive criteria to guide review places stress on the traditional process/substance distinction under which reviewing courts would generally review procedural matters with some intensity, but would resist reviewing the substance or merits of a decision with the same intensity. The authors argue that the newfound stress on the process/substance distinction is welcome, and to some extent can be mitigated, because the reasons underlying review of procedure equally justify review of cases in which human rights and other fundamental values are at stake.

Number of Pages in PDF File: 51

Keywords: judicial review, process, substance, human rights, fundamental values, best interests of children, convention on the rights of the child, immigration, rule of law, principle of legality

Accepted Paper Series





Download This Paper

Date posted: February 5, 2008  

Suggested Citation

Dyzenhaus, David and Fox-Decent, Evan, Rethinking the Process/Substance Distinction: Baker V. Canada. David Dyzenhaus, Evan Fox-Decent RETHINKING THE PROCESS/SUBSTANCE DISTINCTION BAKER V. CANADA, The University of Toronto Law Journal, Vol. 51, No. 3, pp. 193-242, 2001 . Available at SSRN: http://ssrn.com/abstract=1090260

Contact Information

David Dyzenhaus
University of Toronto - Faculty of Law/Department of Philosophy ( email )
78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-6935 (Phone)
416-978-2648 (Fax)
Evan Fox-Decent (Contact Author)
McGill University - Faculty of Law ( email )
3644 Peel Street
Montreal H3A 1W9, Quebec
Canada
Feedback to SSRN


Paper statistics
Abstract Views: 1,218
Downloads: 266
Download Rank: 66,270
Citations:  1

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds