Government Reorganization and the Transfer of Powers: Does Certainty Matter?

36 Pages Posted: 13 Jan 2016

Date Written: 2008

Abstract

This article explains the process currently used by the federal executive to reorganize itself, then questions whether the resulting transfer of responsibility between ministers o the Crown for the exercise of statutory powers is sufficiently transparent. It explains that the method used to reorganize the federal public administration often results in a transfer of legal authority for the exercise of statutory powers from one minister to another. However, this occurs in a manner that may be very difficult to trace. Following a reorganization of government, it may be difficult to ascertain which minister of the Crown has legal authority and responsibility for the exercise of powers that may have important effect on individual rights or interests. It argues that this offends the principles of the rule of raw and responsible government, and concludes by suggesting some avenues of possible reform.

Suggested Citation

Malkin, Alissa, Government Reorganization and the Transfer of Powers: Does Certainty Matter? (2008). Ottawa Law Review, Vol. 39, No. 3, 2008, Available at SSRN: https://ssrn.com/abstract=2714178

Alissa Malkin (Contact Author)

Government of Canada ( email )

Ottawa, Ontario K1A 0G5
Canada

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