commission of inquiry, administrative law, public administration, adversarial model
I approach the question I was asked to address today from the perspective of administrative law with a particular emphasis on related issues of public administration. In doing so, I bear in mind Professor Arthurs' well known criticism of common lawyers' attitudes towards public administration. In a similar vein of thought, Professor Wesley Pue recently noted: Such attitudes are part and parcel of the ideology-of law and as such are inculcated in lawyers as they partake of legal education, read legal scholarship and practice law. Even where serious efforts are made to escape the bounds of inherited legal thought, a persistent suspicion of public administration and consequently a general preference of "private" rather than "public" ordering lingers in the juristic mind. As I do not share whole-heartedly the lawyer's inbred suspicion of public administration, I find it somewhat difficult to support the adversarial model without a more in-depth analysis of its foundations.
Patrick Robardet, "Should We Abandon the Adversarial Model in Favour of the Inquisitorial Model in Commissions of Inquiry?" (1990) 12:3 Dal LJ 111.