Regulatory Law and Practice 3rd Edition

Law

Regulatory Law and Practice 3rd Edition

By J. Paul Salembier
LexisNexis Canada October 2021

Specifications

ISBN-13
9780433505884
Publisher
LexisNexis Canada
Publication
October 2021
Format
Hardback
Jurisdiction
Canada ? Countri(es) for reference only

Details

While legal professionals are no strangers to regulations, the perplexity of the mechanisms to challenge the validity of regulations and rules makes regulatory law an area of specialized knowledge beyond the reach of most lawyers and government officials. The process by which regulations are made, and the controls imposed by legislatures on the law-making powers of regulators, are also a ‘black box' little understood by government officials and legislators themselves. Regulatory Law and Practice, 3rd Edition takes a multi-jurisdictional approach to regulatory law principles and regulatory processes, describing case law and regulatory processes in jurisdictions across the Commonwealth and beyond.

Part I discusses the discipline of regulatory law and its role in society. Part II explains the principles imposed by the courts to limit the exercise of regulatory powers. Part III outlines the principles that govern regulatory processes, and compares the strengths and weaknesses of the controls on regulatory law-making across jurisdictions. Clear, detailed, and practical, this book demystifies regulations and the process by which they are made.

Table of Contents

PART I: REGULATORY LAW
Chapter 1: Introduction to Regulatory Law
Chapter 2: Delegated Legislation and Corruption
Chapter 3: History of Delegated Legislation
Chapter 4: What are Regulations?
PART II: LEGAL CHALLENGES TO REGULATIONS
Chapter 5: Introduction to Challenging Regulations: Why Regulations are Vulnerable
Chapter 6: Defects in the Regulatory Process
Chapter 7: Interpreting the Enabling Statute
Chapter 8: Subdelegation
Chapter 9: Administrative Discrimination
Chapter 10: Other Implicit Limits on Regulatory Powers
Chapter 11: Reasonableness
Chapter 12: Obligation to Regulate
Chapter 13: Henry VIII Clauses
PART III: REGULATORY PROCESS AND PRACTICE
Chapter 14: Regulatory Process Reform
Chapter 15: Determining the Scope of the Regulatory Process
Chapter 16: Regulatory Process Controls
Chapter 17: Parliamentary Oversight of the Regulatory Process
Chapter 18: Options for Reform – Model Legislation
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