The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency

Abstract

Today, many accept that doctrinal incoherence and inconsistency plague the Canadian law of judicial review. The author attributes the incoherence and inconsistency to several fundamental questions that have not been settled in the Supreme Court’s jurisprudence. Then, referring to decided cases of the Federal Court of Appeal and other provincial courts of appeal, he suggests answers to these questions, drawing upon a vision of this area of law rooted in doctrine. The author argues that if his suggestions are implemented, the Canadian law of judicial review will achieve doctrinal clarity, consistency, unity and simplicity.

Keywords: Judicial Review, Canada, Administrative Law