What is administrative law?
- Answer: Law that regulates the relationship between the government and the public. It includes law relating to the bureaucracy and various government-appointed administrative bodies.
- Question: What are the characteristics of administrative law as a distinct form of public law?
- Answer: Administrative law is:
- A principal form of public law — “day-to-day public law.”
- Closely related to constitutional law:
- It is derived from constitutional law.
- It “fleshes out” constitutional law in practice.
- More dynamic than constitutional law.
What makes administrative law distinct from other areas of law?
Administrative law:
* Does not emanate from a single statute.
* Has no overarching legislation defining it.
What is delegation in administrative law?
The transfer of federal or provincial duties/authorities/powers to non-elected administrative bodies.
Can all authority be delegated to an administrative body?
No
What is inter-delegation?
When the federal government delegates authority to a provincial administrative body or when a provincial government delegates authority to a federal administrative body.
what are the functional of Administrative law/delegation:
- Assists with governance.
- Assists with specialization.
- Provides greater flexibility.
- Allows for more discretion.
- Is faster.
- Encourages more innovation.
What are administrative tribunals, agencies, boards, and commissions?
Provincially or federally mandated (legislated) bodies meant to deal with issues/disputes outside of the court system.
What are the functions of administrative tribunals, agencies, boards, and commissions?
They perform functions such as:
* Adjudication
* Rule-making
* Policy development
* Research
* Making recommendations to the government
* Resource allocation
What are some examples of administrative tribunals, agencies, boards, and commissions?
- Labor relations boards
- Human rights commissions
- Workers’ compensation tribunals
- Welfare agencies
- Parole boards
What is judicial review?
When a court determines whether a decision made by an administrative body was made intra vires (within its power) or ultra vires (beyond its power).
What is the significance of the Saumur v. City of Quebec case?
Established principle that courts can review decisions of administrative bodies to ensure they act within their legal authority
For what reasons can administrative bodies be judicially reviewed? Such as
Natural justice
What is the significance of the Thomas v. Mount Saint Vincent case?
Court reviewed uni decision to ensure procedural fairness
