Keywords
Canada. Canadian Charter of Rights and Freedoms; Judicial review of administrative acts; Canada
Document Type
Article
Abstract
This article examines the application of the principles of fundamental justice in section 7 of the Charter to administrative law, and in particular its relationship to non-constitutional grounds of judicial review. The author argues that in this area of the law the common law should generally be regarded as the source of the basic tenets of our legal system that section 7 has been said to embody. The author suggests that the traditional grounds of judicial review of administrative action represent the courts' accommodation of individual rights and the collective interest, and thus cover much the same ground as the Charter. However, the article also identifies some extensions of the courts' supervisory role over administrative agencies that are attributable to the constitutionally entrenched status of the principles of fundamental justice.
Creative Commons License
This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License.
Citation Information
Evans, J. M..
"The Principles of Fundamental Justice: The Constitution and the Common Law."
Osgoode Hall Law Journal
29.1 (1991)
: 51-92.
DOI: https://doi.org/10.60082/2817-5069.1753
https://digitalcommons.osgoode.yorku.ca/ohlj/vol29/iss1/2