(Download) "Class Actions Against the Crown: A Substitution for Judicial Review on Administrative Law Grounds?(Canada)" by University of New Brunswick Law Journal * eBook PDF Kindle ePub Free
eBook details
- Title: Class Actions Against the Crown: A Substitution for Judicial Review on Administrative Law Grounds?(Canada)
- Author : University of New Brunswick Law Journal
- Release Date : January 01, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 305 KB
Description
INTRODUCTION Class actions against the Crown do not fit neatly in existing private law or public law paradigms. Private law liability tends to flow from discrete duties owed to specific individuals or groups, while judicial review at public law is premised on public duties such as the obligation of decision-makers to exercise their statutory authority in a fair and reasonable fashion. Class actions typically are brought on private law grounds alleging discrete duties but in contexts where the decision-makers were exercising broad statutory authority in the public interest. Class actions against the Crown often compel courts to draw artificial distinctions between private and public law paradigms. In these paradigms, either the Crown owed a specific private law duty and may be subject to liability for damages and/or declaratory relief, or it owed only a general public law duty and the Crown may be subject to only judicial review on administrative law grounds leading to administrative law remedies (usually quashing the impugned decision). In this brief article, I wish to explore frameworks that are capable of surmounting this dichotomy--Put differently, I am interested in developing approaches to the relationship between class actions against the Crown and administrative law proceedings against the Crown which do not devolve inexorably into private law and public law spheres. This article will argue that class actions against the Crown can only be properly understood as a site of convergence between private law and public law spheres.
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