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.
Grant Huscroft is a professor in the Faculty of Law at the University of Western Ontario. Michael Taggart is the Alexander Turner Professor of Law at the University of Auckland.
Foreword vii Acknowledgments ix Contributors xi David Mullan: In Appreciation 1 GRANT HUSCROFT AND MICHAEL TAGGART Academe and the Courts: Professor Mullan's Contribution 9 BEVERLEY MCLACHLIN Learning Administrative Law from David Mullan: An Appreciation of Evans, Janisch, Mullan and Risk, Administrative Law: Cases, Text, and Materials 30 H. WADE MACLAUCHLAN and PHILIP BRYDEN The Uneasy Relationship between Independence and Appointments in Canadian Administrative Law 50 LORNE SOSSIN Where Do Tribunals Fit into the Australian System of Administration and Adjudication? 81 ROBIN CREYKE Administrative Law Developments in New Zealand as Seen through Immigration Law 125 K.J. KEITH Process and Substance in Judicial Review 162 PAUL CRAIG A 'Mullanian' Approach to the Doctrine of Legitimate Expectations: Real Questions and Promising Answers 185 GENEVIEVE CARTIER Roadblocks, Restraint, and Remedies: The Idea of Progress in Administrative Law 211 JANET MCLEAN The Codification of Administrative Law in Quebec 240 DENIS LEMIEUX Globalization, 'Local' Foreign Policy, and Administrative Law 259 MICHAEL TAGGART Judicial Review from CUPE to CUPE: Less Is Not Always More 296 GRANT HUSCROFT From Despair to Deference: Same Difference? 327 HUGH CORDER The Importance of Being Contextual: Deference South of the Border 351 ALFRED C. AMAN, JR. Principle and Pragmatism: Administrative Agencies' Jurisdiction over Constitutional Issues 377 JOHN M. EVANS 'Common Public Law in the Age of Legislation': David Mullan and the Unwritten Constitution 421 MARK WALTERS David Mullan's Theory of the Rule of (Common) Law 448 DAVID DYZENHAUS The Writings of David Mullan 485