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HomePolicy Articles Article Summary

Accountability for Subordinate Legislation: The Case of the Aboriginal Communal Fishing Licenses Regulations

Digital Publication by W.T. Stanbury

W.T. Stanbury’s report focuses on the ability of the Standing Joint Committee for the Scrutiny of Regulations in Canada’s Parliament to hold Ministers accountable, legally, or subordinate legislation sponsored by that Minister’s department. According to Stanbury, the essence of any accountability regime is to assess the performance of persons to whom authority has been delegated. He suggests the concept and practice of accountability is central to the idea of democracy.

To add to his analysis, Stanbury cites the case of the Aboriginal Communal Fishing Licenses Regulations as an example, focusing on its review and evaluation by the Standing Joint Committee. Using this case study Stanbury attempts to identify lessons about accountability that have much wider applications. He also draws several conclusions with respect to the accountability of ministers for their subordinate legislation.

According to Stanbury, we insist on holding people accountable because a) it is necessary for those with ultimate legitimate authority (citizens) to delegate part of their authority to others, and b) because power corrupts – it will almost certainly be abused, and therefore the exercise of power must be controlled.

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Policy Publication Details

Author(s): W.T. Stanbury;
Publisher: Fraser Institute [ Visit Website ]
Year Published: 2003; Publisher Type: Research Institute
Publicly Available: Yes Research Focus: National;
Registration Required: No Language: English
Payment Required: No Publication Format: Adobe PDF

Subjects / Categories:

Policy Articles / Aboriginal / Treaty Rights
Policy Articles / Aboriginal / Economic Development
Policy Articles / Aboriginal / Economic Development / 2003
Policy Articles / Aboriginal / Treaty Rights / 2003
Policy Articles / Aboriginal


Keywords / Tags:

subordinate legislation; accountability; communal fishing licenses; ministerial accountability; delegation of authority;