Administrative Law Powerpoint Flashcards
What is Public Law?
Law that sets out the rules for the relationship between a person and society and for roles of different levels of government. Includes:
- Criminal Law
- Constitutional Law
- Administrative Law
What is Private Law?
Also known as civil law - it sets out the rules for the relationship between perople. Includes:
- Contracts
- Tort
- Property Ownership
- Rights and duties of family members
What principle is Administrative Law based on?
That government action must be legal, and that citizens who are affected by unlawful government acts must have effective remedies.
What is Administrative Law?
The resolution of disputes invoving government laws and how they are applied
In BC, more people have issues that relate to:
a) Administrative Law
b) Disputes that end up in court
?
a) Administrative Law
What are Regulatory Agencies?
- A public authority that has the responsibility of making decisions in areas such as employment, health and trade etc.
- They make rules and regulations, provide supervision/oversight, and enforce policies
What are the three types of Regulatory Agencies?
- Self-Governing Agencies
- Indpendent Government Agencies
- Government Agencies
What are self-governing agencies?
Agencies, such as professional organizations, that regulate the conduct of their members
(e.g. ECBC, Architectural Institute of BC)
What are Independent Government Agencies?
Agencies that regulate activities according to government legislation, but operate separately from teh government.
(e.g. National Energy Board)
What are Government Agencies?
Ceratin branches of the government that create and enforce rules and regulations in specific areas
(e.g. Employment Standards, Income Tax)
What are the jurisdiction of Administrative Tribunals?
They must act within their scope of power delegated to them. If they exceed their jurisdiction, the courts take over.
How must Administrative agencies follow procedural fairness?
- Follow proper procedure in arriving at decisions
- Set out basic procedures to govern a process (such as right to council, right to call evidence)
- Where no statues establish procedures, common law applies
Can a citizen appeal an administrative decision?
It depends on availability and status - in specialized fields, intervention can be restricted.
Courts will consider whether administrative decision was reasonable or correct given the circumstances
