DISCOVERING WHAT TRIBUNALS DO: TRIBUNAL STANDING BEFORE THE COURTS

Abstract

In matters of both substance and procedure, a general shift from formalism to functionalism has characterized the administrative law jurisprudence emanating from our Courts over the past fifty, years. Yet, within the particular sphere of the discourse between courts and tribunals it is not immediately apparent that the Courts have embraced the functional over the formal in determining of whether to grant tribunals standing on judicial review of their own decisions. Formalism continues to predominate in the cases on tribunal standing, a perennial issue for the Courts. In this article, the authors examine the caselaw and suggest that a more pragmatic and functional approach to tribunal standing might provide a better framwork of analysis and a more coherent jurisprudence. Both stuctural and evidentiary issues are explored. The article suggests Courts articulate more explicitly all integrated theory of tribunal standing, one cast in terms of a pragmatic and functional approach. Such an approach is most likely to enhance the relationship between courts and tribunals .