Le référendum local en droit québécois : une institution juridique en tension avec les objectifs du droit de l'aménagement du territoire et de l'urbanisme
|Advisor:||Rousseau, Guillaume; Taillon, Patrick|
|Abstract:||The purpose of this paper is to show that a lag exists between the referendum approval procedure laid down by the Act respecting land use planning and development and the land use and urban planning law objectives of which it is part of. To demonstrate this lag, a historical analysis of the institution and these objectives is made. This analysis covers a period beginning with the implementation of the local referendum in Quebec law in 1930, when it was intended to protect private property rights, in accordance with the objectives of planning and land use planning law of the time. During the decades that followed, tension has developed between the procedure and the new objectives of the law. Instead of being adapted to the latter, the institution was rather frequently ruled out, under the regimes of the Municipal Code, the Cities and Towns Act and, more recently, the Act respecting land use planning and development. Finally, while displaying a description of this form of direct democracy, the paper will present a critical review of the institution.|
|Document Type:||Mémoire de maîtrise|
|Open Access Date:||15 January 2020|
|Collection:||Thèses et mémoires|
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