Paul Daly
Biographic Data
| ID | 5579151 |
|---|---|
| NAME | Paul Daly |
| GIVEN NAMES | Paul |
| FAMILY NAME | Daly |
| SIGNATURE | DALY P |
| AFFILIATIONS | University of Ottawa |
| ORCID | 0000-0002-2901-6765 |
| VERIFIED | Yes |
| TOTAL WORKS | 9 |
| TOTAL CITATIONS | 2 |
| AUTHOR COUNT | 8 |
| EDITOR COUNT | 1 |
| FIRST PUBLICATION YEAR | 2011 |
| LATEST PUBLICATION YEAR | 2024 |
| H-INDEX | 1 |
Administrative law values, homelessness and mandatory orders
The Autonomy of Administration
Justice Rosalie Abella is closely associated with deference to administrative decision makers. I will argue that her deferential approach was multifaceted, much more sophisticated than might typically be assumed. Abella J’s administrative law jurisprudence is as much about administrative autonomy as it is about judicial deference. On one level, Abella J’s jurisprudence is a jurisprudence of judicial restraint, preaching limited judicial oversight…
How binding are binding guidelines? An analytical framework
Guidelines are a type of “soft law” that play an important role in contemporary public administration. Despite the propagation of guidelines in recent decades, their legal effects are often difficult to classify. Clearly, guidelines are neither legislation nor delegated or subordinate legislation, but they are nonetheless designed to influence people's behaviour. Distinguishing binding from non‐binding guidelines is an important issue because the…
Firming Up Judicial Review of Soft Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Irish Courts and the Administrative State
Everyone in Ireland is affected by the administrative state. For the most part, the bodies involved are creatures of statute that are subject to the law, as set down by the superior courts. The focus in this chapter is on the constraints of public law, which is highly centralized, with legal interpretation firmly vested in the judicial branch. In addition, there is relatively little legal pluralism. Irish judges have adopted a traditionalist appr…
Vulnerable: The Law, Policy and Ethics of Covid-19
The Canadian Constitution in Transition
Complexity’s Embrace: The International Law Implications of Brexit by Oonagh E. Fitzgerald and Eva Lein (eds.)
Deference on Questions of Law
Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators. There is no basis for the current strong presumption against according such deference. It is possible that the legislature intended to delegate the resolution of many questions of law to administrators, rather than to courts. Moreover, relative to administrators, courts may lack institutiona…
How binding are binding guidelines? An analytical framework
Guidelines are a type of “soft law” that play an important role in contemporary public administration. Despite the propagation of guidelines in recent decades, their legal effects are often difficult to classify. Clearly, guidelines are neither legislation nor delegated or subordinate legislation, but they are nonetheless designed to influence people's behaviour. Distinguishing binding from non‐binding guidelines is an important issue because the…
Deference on Questions of Law
Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators. There is no basis for the current strong presumption against according such deference. It is possible that the legislature intended to delegate the resolution of many questions of law to administrators, rather than to courts. Moreover, relative to administrators, courts may lack institutiona…
Complexity’s Embrace: The International Law Implications of Brexit by Oonagh E. Fitzgerald and Eva Lein (eds.)
The Canadian Constitution in Transition
Vulnerable: The Law, Policy and Ethics of Covid-19
The Irish Courts and the Administrative State
Everyone in Ireland is affected by the administrative state. For the most part, the bodies involved are creatures of statute that are subject to the law, as set down by the superior courts. The focus in this chapter is on the constraints of public law, which is highly centralized, with legal interpretation firmly vested in the judicial branch. In addition, there is relatively little legal pluralism. Irish judges have adopted a traditionalist appr…
Firming Up Judicial Review of Soft Law
An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content
The Autonomy of Administration
Justice Rosalie Abella is closely associated with deference to administrative decision makers. I will argue that her deferential approach was multifaceted, much more sophisticated than might typically be assumed. Abella J’s administrative law jurisprudence is as much about administrative autonomy as it is about judicial deference. On one level, Abella J’s jurisprudence is a jurisprudence of judicial restraint, preaching limited judicial oversight…
How binding are binding guidelines? An analytical framework
Guidelines are a type of “soft law” that play an important role in contemporary public administration. Despite the propagation of guidelines in recent decades, their legal effects are often difficult to classify. Clearly, guidelines are neither legislation nor delegated or subordinate legislation, but they are nonetheless designed to influence people's behaviour. Distinguishing binding from non‐binding guidelines is an important issue because the…
Administrative law values, homelessness and mandatory orders
Law (8 works) · Political science (8 works) · Judicial and Constitutional Studies (5 works) · Law (4 works) · Sociology (4 works) · Criminal Law and Evidence (3 works) · European and International Law Studies (3 works) · Law and economics (3 works) · Legal principles and applications (3 works) · Computer Science (2 works)