Administrative Law, Judicial Deference, and the Charter
In this paper, the author discusses the effect of the SCC decision in Doré v. Barreau du Quebec on the doctrine of judicial deference in administrative law. He situates Doré within the court’s earlier case law regarding the interplay between administrative law and Charter jurisprudence, and, more specifically, the interrelationship between constitutionalism, courts, and the administrative state. The author argues that Doré represents a welcome development that may stimulate a more democratic discourse on human rights, the full potential of which cannot be realized in the absence of further doctrinal reforms.
This paper was presented at the Constitutional Symposium seminar held in October 2013.
This document is an electronic product in Adobe PDF format. Shortly after your purchase, you will receive an e-mail with instructions on how to download the complete PDF.
Click here to view some sample pages.