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Rule Of Law And Substantive Review Notes

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This is an extract of our Rule Of Law And Substantive Review document, which we sell as part of our Administrative Law Notes collection written by the top tier of University Of Victoria; University Of Toronto students. Review Now

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Rule of Law Three Features
-a) legal principle in judicial analysis
-e.g. an unwritten constitutional principle (Que Secession; Roncarelli)
-b) institutional practice that impose legal restraints on public power:
-about cts upholding the rule while being sensitive to not unduly interfering w powers delegated to admin bodies by parliament (Dunsmuir)
-all exercises of public authority must have a source in CL> thus JR seeks to ensure this
-inherent role of SCs in reviewing (Binnie: Dunsmuir)
-conception of autonomy of law and politics
-rule of law gives legitimacy to political realm (Que Secession)
-prevents arbitrariness - can occur via jurisdiction, substance (done w bias, lack of care) or procedurally (powers outside of statute) (Roncarelli)
-e.g. Insite: found Ministers decision to deny license was arbitrary, didn't further stat objectives
-c) political morality shared by Cdn polity (MA Language Reference) New Minimalist Approach to the Rule of Law (Charkaoui, Imperial Tobacco and Christie)
-narrowed scope and effect of rule of law:
-doesn't possess ability to strike down legislation based on its content
-written constitution is paramount (Imperial)
-now encompasses four principles:
-i) supreme over private and govt individuals' exercise of power
-ii) requires creation and maintenance of a positive order of laws
-iv) requires that the relationship bw state and individual be regulated by law
-v) linked to principle of judicial independence

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