Inside and Outside Canadian Administrative Law : Essays in Honour of David Mullan

A fitting tribute to a great scholar, __Inside and Outside Canadian Administrative Law__ will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists. Contents 5 Foreword 7 Acknowledgments 9 Contributors 11 David Mullan: In Appreciation 13 Academe and the Courts: Professor Mullan’s Contribution 21 Learning Administrative Law from David Mullan: An Appreciation of Evans, Janisch, Mullan, and Risk, Administrative Law: Cases, Text, and Materials 42 The Uneasy Relationship between Independence and Appointments in Canadian Administrative Law 62 Where Do Tribunals Fit into the Australian System of Administration and Adjudication? 93 Administrative Law Developments in New Zealand as Seen through Immigration Law 137 Process and Substance in Judicial Review 174 A ‘Mullanian’ Approach to the Doctrine of Legitimate Expectations: Real Questions and Promising Answers 197 Roadblocks, Restraint, and Remedies: The Idea of Progress in Administrative Law 223 The Codification of Administrative Law in Quebec 252 Globalization, ‘Local’ Foreign Policy, and Administrative Law 271 Judicial Review from CUPE to CUPE: Less Is Not Always More 308 From Despair to Deference: Same Difference? 339 The Importance of Being Contextual: Deference South of the Border 363 Principle and Pragmatism: Administrative Agencies’ Jurisdiction over Constitutional Issues 389 ‘Common Public Law in the Age of Legislation’: David Mullan and the Unwritten Constitution 433 David Mullan’s Theory of the Rule of (Common) Law 460 The Writings of David Mullan 497

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan.

Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work - procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism - and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists.

The rise to prominence of administrative law in the second half of the twentieth century is often remarked upon as the greatest legal development of the period. In this process there has been considerable borrowing of ideas and learning from experiences elsewhere in the common law world. This volume brings together administrative law scholars and judges from around the globe to address important issues in the field and to honour the career of one of the leading administrative lawyers in the Anglo-Commonwealth world, Professor David Mullan. Editors Grant Huscroft and Michael Taggart have identified the broad themes in Mullan's work procedural fairness; scope of review and deference; the interrelationship of administrative law and human rights; the legitimacy of state regulation and tribunal adjudication; common law comparativism and invited contributions on those themes from leading scholars in Canada, the United Kingdom, Australia, South Africa, and the United States. A fitting tribute to a great scholar, Inside and Outside Canadian Administrative Law will prove fascinating to students, teachers, and practitioners of administrative law as well as policy makers and political scientists