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PPAL 6100 Winter 2010 Course Outline

PPAL 6100 Winter 2010 Course Outline - Canadian...

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Canadian Constitutional and Administrative Law PPAL 6100 3.0 Section M Winter 2010 Class Time: Thurs 7- 10 p.m. Ray Bazowski Class Location: 1 Dundas St, Rm E, 26 th Floor Office: 233 McLaughlin Office Hours : (Keele Campus) T 1-2; F 1:30-2 Phone: 736-2100 ext 20273 (1 Dundas St): R 5-6 p.m., or by appointment e-mail: [email protected] Administration Contact: SPPA office, c/o Ms. Jasmattie Jewan, Graduate Program Assistant for MPPAL, School of Public Policy and Administration, Ross Building N-802, ext 77528 [email protected] 416-736-5384 (SPPA Office) Course Description This course examines the legal and political foundations as well as the development of Canadian constitutional and administrative law. In so doing, the course deals with the expectations of the constitution-makers and the reality of the actual law in place today. The course focuses on Canadian court system, judicial interpretation of the division of powers between federal and provincial governments, and judicial review under the Charter of Rights and other human rights instruments. The implications of the rule of law for public officials are explored, as well as judicial review of administrative decisions. Legal issues assignment ( due Feb. 11 ) 20% Case Analysis ( due March 4 ) 20% Essay ( due March 25 ) 35% Seminar Discussion Leader Presentations (2 X5%) 10% General Seminar Participation 15% *Note that final course grades may be adjusted to conform to Program or Faculty grades distribution profiles. Required Texts Students will be provided with three texts. •Neil Boyd, Canadian Law: An Introduction , 3 rd ed. (Nelson Thomson, 2002) •Peter H. Russell et al., The Court and the Constitution: Leading Cases (Toronto: Emond Montgomery, 2008)
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Canadian Constitutional and Administrative Law 2 of 6 •David W. Elliott, Public Law: Readings on State, the Administrative Process, and Basic Values , 6 th ed. (Toronto: Captus, 2007) As well, students have been provided with a copy of Patrick Malcolmson and Richard Myers, The Canadian Regime . It is expected that this book has been read and understood. This book will be referred to in the course, and some of the required readings are from this book. Course Website Links to required readings on-line are available on the course website at: http://www.arts.yorku.ca/polsci/rbazk/ Assignments: Legal Issues Assignment (20%) Write a short critical essay comparing and contrasting the arguments in one of the following pairs of articles (all articles can be accessed online): a) H.L.A. Hart, “Positivism and the Separation of Law and Morals,” Harvard Law Review 71 (1958) and Ronald Dworkin, “Hard Cases,” Harvard Law Review 88 (1975) b) J. Willis, “Statute Interpretation in a Nutshell,” Canadian Bar Review 16:1 (1938) and R. Sullivan, “Statutory Interpretation in a new Nutshell,”
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PPAL 6100 Winter 2010 Course Outline - Canadian...

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