POLS 3130 Chapter Notes - Chapter 8: Eaves, Southeastern Conference, Statutory Interpretation

• School: University of Guelph
• Department: Political Science
• Course: POLS 3130
• Professor: Vito Totino

Document Summary

Adjudication-of-disputes model: judicial development of law should be limited and incremental, based on existing legal principles to be legitimate. Policy-making model: comfortable with judges basing their decisions on promoting fairness, balancing interests, and keeping the law in tune with the times, with less emphasis on application of existing legal principles. Legislation most important source of legal rules in canada and other advanced democracies. Courts shape law/policy in 4 important ways in non-constitutional cases: Scope of this review depends on host of factors. Includes whether tribunals enabling statute (law that created the agency and set out its authority) contains a privative clause (which prohibits judicial review of the board"s procedures) Includes whether it allows for appeals of the tribunal"s substantive decisions to a court. Courts have cumulative policy-making role in non-constitutional cases. Decisions that judges make in routine cases when applying legislative/common law rules often leave room for discretion and can forge policy in the aggregate.