Something to Talk About: Regulation and Justification in Canadian Municipal Law

Abstract

Although municipal law is a subset of admihistrative law, it has not received the same degree of theoretical attention. This article aims to contribute to the theoretical literature on municipal Law in Canada by offering a civic republican account of regulation making in municipalities. This article's primary contribution ties in the theoretical claim it advances: that civic republicanism (1) explains Canadian municipal law and (2) provides a standpoint for evaluating existing law and policy. The article's arguments about civic republicanism in the local government context offer a detailed account of an area of law that others have suggested is a natural locus for civic republican arguments. In the course of advancing its claims, the article will stake out positions in contemporary debates about municipal law and offer some prescriptions that aim to make municipal regulation more consonant with civic republican ideals.