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The Deliberative City

23 Pages Posted: 8 Aug 2011  

Hoi L. Kong

affiliation not provided to SSRN

Date Written: 2010

Abstract

In this paper, I will argue that general administrative law concerns about the legitimacy and effectiveness of rule-making have special force in the municipal zoning by-law context. In particular, I will argue that a particular, civic republican conception of legitimate state action offers the best justification for municipal regulation and provides the best normative foundation for developments in municipal consultation processes. In Part II, I will argue that the consultative processes in Quebec’s zoning laws reflect a commitment to civic republican ideals, but that because of specific features of municipal regulation, these ideals are incompletely realized. In Part III, I will argue that a particular municipal institution - the ward council - enables the zoning process to better approximate civic republican ideals. I conclude this paper by arguing that ward councils not only strengthen the normative justifications for municipal regulation, they contribute to its effectiveness.

Suggested Citation

Kong, Hoi L., The Deliberative City (2010). Windsor Yearbook of Access to Justice, Vol. 28, No. 2, 2010. Available at SSRN: https://ssrn.com/abstract=1906663

Hoi L. Kong (Contact Author)

affiliation not provided to SSRN ( email )

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