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Regulatory accountability and responsiveness: A case study of how government reacts to judicial decisions

Posted on:2008-06-21Degree:M.AType:Thesis
University:Carleton University (Canada)Candidate:Khan, SairaFull Text:PDF
GTID:2446390005976438Subject:Law
Abstract/Summary:
This thesis examines the issue of government accountability and responsiveness to judicial decisions. Case law frequently assists in determining what is in the public's interest, yet government action in response to judicial decisions is often neither apparent nor explicit. This thesis examines the regulatory responses to the case of Little Sisters Book and Art Emporium v. Canada (Minister of Justice) and the decision's followthrough into state practice. The case specifically concerns the control of obscenityrelated matters at the border. Four main areas of the case and the respective responses by Canada Customs are examined, including burden of proof, lack of training and resources for Customs officers, centralization of obscenity decisions and the development of obscenity guidelines. The thesis examines how and when Canada Customs reacted to the various hearings and decisions in the case. This study is significant in demonstrating how case law can affect government regulatory processes even when legislative amendments are not mandated, as well as showing the need for better and more transparent tracking of such changes within affected agencies.
Keywords/Search Tags:Case, Government, Decisions, Judicial, Thesis examines, Regulatory
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