Forcese - Administrative law - Lecture Slides, Slides of Administrative Law

Download Forcese - Administrative law - Lecture Slides and more Slides Administrative Law in PDF only on Docsity!

Forcese

Setting the Stage

• Defining Administrative Law
• Study and analysis of the administrative process generally, and the exercise of power by public officials and the control thereof exercised by the courts, the administration itself and the legislature. - -- Former Edition of the Common Law Course Book
• Elements of Definition • Keywords

Power Public official Control

Setting the Stage

• Defining Administrative Law
• Body of laws created by administrative agencies in the form of rules, regulations, orders & decisions to carry out regulatory powers & duties of such agencies. - -- Black’s Law Dictionary (US)
• Elements of Definition • Keywords

Power Public official Control Law Tribunals & administrative agencies Subordinate legislation

Setting the Stage

• Defining Administrative Law
• Administrative law is the body of law that establishes or describes the legal parameters of powers that exist by virtue of statute or residual Royal Prerogative. In terms of the relation between administrative process and the regular courts, administrative law embodies the principles by which the courts supervise the functioning of persons and bodies that derive their powers from either statute or the Royal Prerogative. - -- Mullan (2001)
• Elements of Definition • Keywords

Power Public official Control Law Tribunals & administrative agencies Subordinate legislation Statute or royal prerogative

Setting the Stage

• Defining Administrative Law
• Administrative law "deals with the legal limitations on the actions of government officials, and on the remedies which are available to anyone affected by a transgression of these limits." - -- Villers and Jones (1998)
• Elements of Definition • Unpack definition
  • “Legal limitations”
  • “Government officials”
  • “Remedy”
  • “Anyone affected by the transgression”

Setting the Stage

• Defining Administrative Law
• Administrative law deals with the legal limitations on the actions of government officials. Specifically, it concerns itself with the proper exercise of delegated power by these government officials and the control of this power by the courts. In large part, administrative law is about the scope and nature of judicial review of decisions made by government officials. It also about the remedies that are available to parties affected by decisions made by government officials that do not conform to standards set for the proper exercise of power - -- Consolidated definition
• Elements of Definition • Keywords

Power Public official Control Law Tribunals & administrative agencies Subordinate legislation Statute or royal prerogative Remedies

Setting the Stage

• Administrative Law “Mantra”
• Show me the power!
• Dog walking hupo • Scenarios
  • Scenario 1: citizen enforcement
  • Scenario 2: by-law enforcement
  • Scenario 3: by-law enforcement with attitude

Setting the Stage

• Administrative Law “Mantra”
• Show me the power!
• Roncarelli v.

Duplessis

• Application of the
  • (^) mantra “...that an administration accordingto law is to be superseded by action

dictated by and according to the arbitrary likes, dislikes and irrelevant purposes of public officers acting beyond their duty, would signalize the beginning of disintegration of the rule of law as a fundamental postulate of our constitutional structure.”

• -- Justice Rand

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Key Events
  • The Sphere of “de facto” power

Monarch People

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Chronology of Events
  • The era of absolute sovereigns: an unlimited royal prerogative

Monarch People

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Key Events
  • The era of absolute sovereigns
  • King John’s tax troubles and the Magna Carta
  • The emergence of “Parliament”...

Parliament Monarch

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Key Events
  • The era of absolute sovereigns
  • King John’s tax troubles and the Magna Carta
  • The emergence of “Parliament”...
  • And monarchial resistance to it

Parliament Monarch

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Key Events
  • The era of absolute sovereigns
  • King John’s tax troubles and the Magna Carta
  • The emergence of “Parliament”...
  • And monarchial resistance to it
  • The Reformation and the expediency of Parliament
  • Trouble with the Stuarts Pt I

Parliament Monarch

Setting the Stage

• The Public Law Setting
• The march towards parliamentary sovereignty
• Power Diagram • Key Events
  • Trouble with the Stuarts Pt II: civil war, republics and restoration

Parliament Monarch