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Laverne Jacobs - The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives

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The Nature of Inquisitorial Processes in Administrative Regimes: Global Perspectives: summary, description and annotation

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Inquisitorial processes refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the books chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses.This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

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THE NATURE OF INQUISITORIAL PROCESSES IN ADMINISTRATIVE REGIMES

The Nature of Inquisitorial Processes in Administrative Regimes

Global Perspectives

Edited by

LAVERNE JACOBS
University of Windsor, Canada

SASHA BAGLAY
University of Ontario Institute of Technology, Canada

ASHGATE

Laverne Jacobs and Sasha Baglay 2013

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher.

Laverne Jacobs and Sasha Baglay have asserted their right under the Copyright, Designs and Patents Act, 1988, to be identified as the editors of this work.

Published by
Ashgate Publishing Limited
Wey Court East
Union Road
Farnham
Surrey, GU9 7PT
England

Ashgate Publishing Company
110 Cherry Street
Suite 3-1
Burlington, VT 05401-3818
USA

www.ashgate.com

British Library Cataloguing in Publication Data

A catalogue record for this book is available from the British Library

The Library of Congress has cataloged the printed edition as follows:

Jacobs, Laverne A.

The nature of inquisitorial processes in administrative regimes : global perspectives / By Laverne Jacobs and Sasha Baglay.

pages cm

Includes bibliographical references and index.

ISBN 978-1-4094-6947-6 (hardback) -- ISBN 978-1-4094-6948-3 (ebook) -- ISBN 978-1-4094-6949-0 (epub) 1. Abuse of administrative power. Judicial review of administrative acts. Administrative procedure. Administrative law. Judicial power. I. Baglay, Sasha, 1978- II. Title.

K3416.J33 2013

347.012--dc23

2013004541

ISBN 9781409469476 (hbk)
ISBN 9781409469483 (ebk-PDF)
ISBN 9781409469490 (ebk-ePUB)

Contents

Laverne Jacobs and Sasha Baglay

Robin Creyke

Robert Thomas

Samantha Green and Lorne Sossin

Michael Asimow

Jean-Bernard Auby

Gerald Heckman

Herwig C.H. Hofmann

Giacinto della Cananea

Justice Stephen T. Goudge

Hon. Thomas R. Braidwood, Q.C.

Gus Van Harten

Scott Prasser

Jula Hughes

Laverne Jacobs

Nora Farrell

Mary Liston

List of Tables

List of Contributors

Professor Michael Asimow, Visiting Professor, Stanford Law School, Stanford University, and Professor of Law Emeritus, UCLA School of Law, USA

Professor Jean-Bernard Auby, Director of the Center on Changes in Governance and Public Law, Sciences Po (Institut dEtudes Politiques de Paris), France

Professor Sasha Baglay, Faculty of Social Science and Humanities, University of Ontario Institute of Technology, Canada

Hon. Thomas R. Braidwood, Q.C., retired Justice of the British Columbia Court of Appeal and Commissioner of the Commissions of Inquiry into the Use of Conducted Energy Weapons in British Columbia, Canada

Professor Robin Creyke, College of Law, Australian National University and Senior Member, Administrative Appeals Tribunal, Australia

Professor Giacinto della Cananea, Professor of Administrative Law and EU Administrative Law, University of Rome Tor Vergata, Italy

Dr. Nora J. Farrell, Ombudsperson, Ryerson University, Canada

Justice Stephen T. Goudge, Court of Appeal for Ontario, Canada and Commissioner of the Inquiry into Pediatric Forensic Pathology

Ms. Samantha Green, J.D. 2012 (University of Toronto), Toronto, Canada

Professor Gerald Heckman, Faculty of Law, University of Manitoba, Canada

Professor Herwig C. H. Hofmann, Professor of European and Transnational Public Law and Jean Monnet Chair at the University of Luxembourg, Luxembourg

Professor Jula Hughes, Faculty of Law, University of New Brunswick, Canada

Professor Laverne Jacobs, Faculty of Law, University of Windsor, Canada

Professor Mary Liston, Faculty of Law, University of British Columbia, Canada

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