Key Terms Flashcards
Natural Justice
A body of rules or principles of fair procedure that tribunals must follow.
Procedural Fairness
The requirement that a decision maker must give any person whose rights may be affected by a decision reasonable notice of the intended decision and the reasons for it, and an opportunity to respond, and must be impartial, even if the function of the decisionmaker is not quasi-judicial in nature.
Legitimate Expectations
The principle that public officials who create the expectation of a certain result should not be able to change that result if the change will have a negative impact, without first notifying those who it would affect.
Jurisdiction
The scope of authority given to a government body or official. It is granted by legislation or common law
Necessary Implication
An implication so likely that it would be unreasonable to come to any other conclusion
Implied Powers Doctrine
The rule that agencies have whatever additional powers are related to their existing powers
Inherent Powers Doctrine
The rule that agencies have the power to utilize procedures that are reasonably necessary to carry out their functions, even if that power is not explicitly stated
Declining Jurisdiction
the failure of an official or agency to carry out its statutory function
Discretion
the power of a government official or agency to choose a certain action from a variety of options available under the law
Fettering Discretion
when a statutory decision maker rules out options that they are required to consider
Sub Delegation
The act of delegating a power to another person
Institutional Bias
The bias of decision makers or an agency as a whole arising from an agencies structure
Judicial Review
When a court is granted authority, by statute, to review whether they have adequately carried out their functions
Quasi-Constitutional
A law that is below a country’s constitution but above ordinary laws
Convention
An agreement among nations
Direct Discrimination
Obvious discrimination
Constructive Discrimination
Apparently neutral requirements that actually disproportionately affect specific individuals or groups. AKA adverse effect discrimination
Bona fide occupational requirement
A requirement to complete a certain job that is essential. If someone cannot perform these requirements it is ok to discriminate
Accommodation
Employers have the responsibility to reasonably accommodate individuals based on protected human rights classes. AKA duty of reasonable accomodation
Concurrent Jurisdiction
when more than one court has jurisdiction over the same matters
Notice
A document that informs a person of a legal proceeding that may affect them
Particulars
Details that clarify matters related to evidence, arguments or remedies disclosed in relation to court proceedings
Summons
A document issues to witnesses by tribunals which require them to attend a hearing
Judicial Notice
The acceptance of evidence that is common knowledge to a well-informed member of the community. Is an exception to the rule that states that adjudicators must rely on facts presented to the court. AKA Judicial Notice or Official Note
Reasonable Apprehension Bias
A reasonable, well-informed observer to bias. AKA appearance of bias and perception of bias.
