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

27 Pages Posted: 20 Feb 2016 Last revised: 22 Feb 2016

David Stratas

Government of Canada - Federal Court of Appeal

Date Written: February 17, 2016

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

Suggested Citation

Stratas, David, The Canadian Law of Judicial Review: A Plea for Doctrinal Coherence and Consistency (February 17, 2016). Available at SSRN: https://ssrn.com/abstract=2733751 or http://dx.doi.org/10.2139/ssrn.2733751

David Stratas (Contact Author)

Government of Canada - Federal Court of Appeal ( email )

90 Sparks Street
Ottawa, Ontario K1A 0H9
Canada

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