Tribunals

Tribunals

Friday, 26 June 2020 06:33

What future for proportionality?

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Human Rights Act 1998 (HRA 1998) has numerous enemies. Some of them have formed a government which controls (or at least directs) a majority in the Commons. Though the government which enacted it did not intend the Act to be an innovation in constitutional law (Loveland 2018 521), the highest courts quickly recognised its constitutional importance.  Indeed, a recognition of its (present) integral status is implied by the government’s promise to establish a ‘Constitution, Democracy and Rights Commission’ (Law Society 2019). While there is no denying the impact of the Act especially on the rights of individuals, its precarity suggests describing it as constitutional would be premature and even wistful.

The purpose of this essay is to explore the role played by the rule of law in the constitution of the United Kingdom. The essay examines a recent Supreme Court ruling and asks whether the ruling was based on a substantive conception of the rule of law and whether the ruling was correct. Theory proposed by Richard Dworkin and others is interpreted and applied. An uncodified constitution is particularly amenable to the rule of law; because the rule of law is underdefined, courts have occasional opportunity to shape it, and thus the constitution, according to a recognized political model.
 

Procedural fairness is, or should be, a fundamental principle of administrative law, the law that regulates state (in Canada, provincial, territorial and federal) agencies. Procedural fairness requires, at a minimum, that a person be consulted before a final decision that will impact them is made.

Monday, 12 August 2019 09:38

Selected Tribunal Rules and Guidelines

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Collected here are links to the current rules, practice directions and guidelines of the more important tribunals in Ontario. Links to tribunal decisions published on CanLII can be found here as well.