This thesis explores the often overlooked nature of public law duty and its relationship with the doctrine of standing in English law. Drawing on English and North American legal tradition and thought, it posits that public law obligations should be reconceived of as fiduciary in nature, vesting correlative enforcement rights in citizens to constrain unlawful exercises of public power. This should correspond to the abolition of standing requirements and recognition of the rights of citizens and interest groups to bring administrative and human rights challenges before the courts. This thesis also aims to achieve some synthesis between liberal normativism and communitarianism by recognizing both the individual and the collective interests at stake in public interest litigation.
| Identifer | oai:union.ndltd.org:TORONTO/oai:tspace.library.utoronto.ca:1807/31319 |
| Date | 14 December 2011 |
| Creators | Leary, Thomas |
| Contributors | Roach, Kent |
| Source Sets | University of Toronto |
| Language | en_ca |
| Detected Language | English |
| Type | Thesis |
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