Overview

Canadian administrative law was bedevilled for many decades by uncertainty and confusion. In 2019, the Supreme Court of Canada sought to bring this chaos to an end in its landmark decision Canada (Minister of Citizenship and Immigration) v Vavilov. In A Culture of Justification, Paul Daly explains why Canada’s administrative law was uncertain and confusing, and he assesses the proposition that Vavilov provides a roadmap to a brighter future. Looking at administrative law from its historic origins in sixteenth- and seventeenth-century England, identifying the complexity of its underlying structure, and describing divergent judicial attitudes to the growing administrative state, Daly builds a framework for understanding why multiple previous reform efforts failed and why Vavilov might very well succeed. This engaging study shows readers how a newly emerged “culture of justification” allows courts and citizens to insist on the reasoned exercise of public power by the administrative state.

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Reviews

Professor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process. -- Ian Mackenzie, Slaw Magazine

"""A comprehensive exegesis of the principles, core concepts, history, and (predicted) future of Canadian administrative law, with a focus on standard of review."" -- Dustin Kenall * Canadian Journal of Administrative Law & Practice * Professor Daly successfully makes the case that Vavilov has provided significant clarity to the judicial review process. -- Ian Mackenzie, Slaw Magazine"

"""I have been reading Paul Daly's work for almost a decade, and this is one of the most important books he has written. It is a perfect, comprehensive account of Canadian administrative law.""-- ""Martine Valois, Faculty of Law, Université de Montréal"""

Author Information

Paul Daly holds the University Research Chair in Administrative Law and Governance at the University of Ottawa. He previously held academic appointments at the Université de Montréal and the University of Cambridge and has visited at Harvard Law School, Université Paris II Panthéon-Assas, and Louvain Global College of Law. He is an award-winning scholar whose bilingual research has appeared in many leading journals and edited collections and is frequently cited by courts across the common law world. Notable books include A Theory of Deference in Administrative Law: Basis, Application and Scope (Cambridge University Press, 2012) and Understanding Administrative Law in the Common Law World (Oxford University Press, 2021).

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