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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 book's 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.
Catherine Frazee wants her readers to know that there is far more to disability than most people think or assume. There is much not to like about disability, such as the ways it diminishes status and opportunity, and the ways it requires medical intrusions which, even if lifesaving, are nobody’s idea of a good time. As becomes apparent in this powerful collection of writing, there is much more to the story of disabled life. There is adaptation and activism. There is art, philosophy, and history. There is solidarity, identity, collective struggle, and shared culture. Frazee offers a glimpse into a rich and delicate ecology of disability that warrants not fear and pity, but recognition and respect.
This book, written both for a Canadian and an international readership, provides a multidisciplinary review of the framework and performance of the Canadian Medical Assistance in Dying (MAID) program. In the first five years (2015-2021) of operation, this program delivered voluntary euthanasia and assistance in suicide to over 30,000 Canadian residents, presently representing a 30% annual growth. Looking back on these first five years, the 30 Canadian scholars and clinicians contributing to this volume raise important issues and attempt to answer key questions that have arisen in regards to its operation and its stated objectives. This volume strikes the most appropriate balance between the ...
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"The core animating feature of administrative justice scholarship is the desire to understand how justice is achieved through the delivery of public services and the actions, inactions, and decision-making of administrative bodies. The study of administrative justice also encompasses the redress systems by which people can challenge administrative bodies to seek the correction of injustices. For a long time now, scholars have been interested in administrative justice, but without necessarily framing their work as such. Rather than existing under the rubric of administrative justice, much of the research undertaken has existed within sub-categories of disciplines, such as law, sociology, publ...
Governments around the world use machine learning in automated decision-making systems for a broad range of functions. However, algorithmic bias in machine learning can result in automated decisions that produce disparate impact and may compromise Charter guarantees of substantive equality. This book seeks to answer the question: what standards should be applied to machine learning to mitigate disparate impact in government use of automated decision-making? The regulatory landscape for automated decision-making, in Canada and across the world, is far from settled. Legislative and policy models are emerging, and the role of standards is evolving to support regulatory objectives. While acknowl...
This text analyzes the effectiveness of law in controlling excessive consumption. It engages theoretical discussions concerning the effectiveness of legal intervention, especially regarding 'normativity', the relationship between law and norms.
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
Thomas Sayre came with his family from England to Lynn, Massachusetts in the early 1630's. Among descendants of Thomas were clergymen, surgeons, attorneys, ambassadors, and representatives of almost every profession. Francis B., cowboy, professor of law, and ambassador, was son-in-law of former President Woodrow Wilson, Zelda was the wife of American novelist, F. Scott Fitzgerald, and subject of one of his books. David A. was a silversmith, banker, and founder of Lexington's Sayre School. Many Sayre descendants were taken by wars in service to America and never had the chance to win recognition for their inherent abilities. SAYRE FAMILY...another 100-years, in a large part, focuses on the ea...
Around the Sacred Fire is a compelling cultural history of intertribal activism centered on the Indian Ecumenical Conference, an influential movement among native people in Canada and the U.S. during the Red Power era. Founded in 1969, the Conference began as an attempt at organizing grassroots spiritual leaders who were concerned about the conflict between tribal and Christian traditions throughout Indian country. By the mid-seventies thousands of people were gathering each summer in the foothills of the Rockies, where they participated in weeklong encampments promoting spiritual revitalization and religious self-determination. Most historical overviews of native affairs in the sixties and ...