Administrative Law

Question 1

Administrative Law

Answer 1

law regulating the relationship between the government and the public

Question 2

Administrative Law Includes

Answer 2

law relating to the bureaucracy and various government-appointed administrative bodies

Question 3

The Scope of Administrative Law

Answer 3

has expanded significantly since the 1970s

Question 4

Administrative Law Is

Answer 4

a principle form of public law (‘day-to-day public law’)

Question 5

Administrative Law Shares A Close Relationship With Constitutional Law

Answer 5

• Administrative law is derived from constitutional law
• Administrative law “fleshes out” constitutional law
• Administrative law is more dynamic

Question 6

Administrative Law Exists Distinctly From Other Areas of Law

Answer 6

• Does not emanate from a single statue
• No overreaching legislation defining administrative law

Question 7

Delegation

Answer 7

the transfer of federal or provincial duties/authorities to non-elected administrative bodies

Question 8

Not All Authority…

Answer 8

can be delegated to an administrative body

Question 9

Inter-Delegation

Answer 9

when the federal government delegates authority to a provincial administrative body or;

when a provisional government delegates authority to a federal administrative body

Question 10

Functions of Administrative Law/Delegation

Answer 10

i) assists with governance
ii) assists with specialization
iii) greater flexibility
iv) more discretion
v) faster
vi) more innovation

Question 11

Administrative Tribunals, Agencies, Boards and Commissions:

Answer 11

provincial or federal mandated (legislated) bodies meant to deal with issues/disputes outside of the court system

Question 12

Functions of Administrative Tribunals, Agencies, Boards and Commissions:

Answer 12

• adjudication
• rule-making
• policy development
• research
• recommendations to government
• resource allocation, etc.

Question 13

Examples of Functions of Administrative Tribunals, Agencies, Boards and Commissions:

Answer 13

• labor relations boards
• human rights to commissions
• workers’ compensation tribunals
• welfare agencies
• parole boards
• landlord-tenant boards, etc.

Question 14

Judicial Review

Answer 14

when a court determines whether a decision made by an administrative body was made intra or ultra vires

Question 15

Saumur v. City of Quebec

Answer 15

• You have to have licensing to hand out pamphlets (Saumur was part of Jehovah’s Witness)
• Challenged that it infringes on freedom of religion

Question 16

Thomas v. Mount Saint Vincent University

Answer 16

Faculty person refused tenure (holding of office), he pled that this decision was improperly made in terms of bias