Law

Boundaries of Judicial Review: The Law of Justiciability in Canada 3rd Edition

Edited by Lorne Sossin · Gerard Kennedy
The Carswell Company Ltd. June 2024

Specifications

ISBN-13
9781038205575
Publisher
The Carswell Company Ltd.
Publication
June 2024
Format
Hardback
Jurisdiction
Canada ? Countri(es) for reference only

Details

Boundaries of Judicial Review: The Law of Justiciability in Canada is an innovative work on the scope of judicial decision-making in Canada. It explores the restrictions on which matters courts may decide and which are moot, hypothetical, political in nature or not yet ripe for a decision.

A necessary book for practitioners whose work involves constitutional or administrative matters, it addresses questions such as:

  • When will a matter be dealt with in the courts?
  • When will a matter be decided in the legislature or by the executive branch of the government?
  • Which disputes should appropriately be before a judge?
  • Is an issue too premature, complex, vague, or hypothetical to be decided by a court?

The third edition of Boundaries of Judicial Review: The Law of Justiciability in Canada has been fully updated, reflecting recent developments relating to climate change, new developments in case law under the Charter of Rights, particularly in the area of social and economic rights as well as religious disputes that demonstrate the difference between public and private law. The third edition features a new chapter “Looking Forward” which attempts to anticipate the settings where justiciability disputes are starting to emerge or will shortly emerge.

Table of Contents

1.
An Overview of the Law of Justiciability in Canada
2.
Procedural Dimensions of Justiciability
3.
Standing
4.
Ripeness
5.
The Doctrine of Mootness
6.
Political Questions and Policy Disputes
7.
Legislative Action and the Legislative Process
8.
Matters Ill-suited to Judicial Review
9.
Looking Forward
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