WEEK 10 - Administrative Law

Question 1

What are key characteristics of administrative law?

Answer 1

Subcategory os public domestic law
Regulates “relationships between government and the governed”
The range is extensive

Question 2

What are the roles of administrative agencies

Answer 2

Administrative legislative schemes are set out in enabling statutes and their regulations
Government delegates tasks to agencies
> speeds things up
> specialization

Question 3

What is the constitutional basis of admin agencies?

Answer 3

CA, 1867
Set out which level of government has jurisdiction over the subject matter of the agency’s enabling statutes
Have limitations on tribunals

Question 4

What types of functions can be delegated to agencies?

Answer 4

1. legislative functions
2. administrative or executive functions
3. quasi-judicial functions

Question 5

What types of delegation are NOT allowed?

Answer 5

cross-delegation and sub-delegation

Question 6

What types of delegation are allowed?

Answer 6

basic and inter-delegation

Question 7

What are the two main areas of legislative functions (admin law)?

Answer 7

1. municipal institutions making by-laws
2. quasi-judicial tribunals creating rules of procedure

Question 8

What does provincial legislation delegate to municipal governments?

Answer 8

the power to pass by-laws
> raising taxes for schools and utilities
> setting zoning requirements
> city planning and land use

Question 9

What are some types of administrative functions?

Answer 9

licences and permits all require applications to administrative agencies
> adoptions
> passports
> deportations
> discipline orders

Question 10

What are some types of quasi-judicial functions?

Answer 10

tribunals
> resolve disputes
cousins to the inferior courts, limited jurisdiction

Question 11

What is the difference between administrative tribunals and inferior courts

Answer 11

the former function more quickly and less formally than the latter

Question 12

What are substantive rules?

Answer 12

Publics fundamental rights and obligation with respect to an admin regime
Found in relevant legislation
Occasionally found in the common law as well

Question 13

What are procedural rules?

Answer 13

Agencies who have created their own rules of practice and procedures concerning forms to be filed, timelines..etc.
Generally less formal or rigid than those for court proceedings
Common law rules must be followed

Question 14

How can administrative decisions be challenged?

Answer 14

internal means of challenges
1. on appeal, only if this right is on enabling legislation
2. judicial review

Question 15

What are the grounds for review?

Answer 15

1. substantive review
   > legal and factual basis
2. review of discretionary decisions
   > officials must not act arbitrarily
3. procedural review
   > officials must adhere to procedural fairness or natural justice

Question 16

What are prerogative writs?

Answer 16

special common law remedies for administrative infractions that are granted by superior courts

Question 17

What are the 5 writs?

Answer 17

1. certiorari
   > quash or overturn decision
2. prohibition
   > not to proceed
3. mandamus
   > to proceed
4. quo warranto
   > order to give up office
5. habeas corpus
   > liberate an individual arbitrarily detained