Reference no: EM133398738

Questions 

1. In Chapter 1 you learned that laws can be divided into several categories: common law and statute law, public law and private law, statute law and subordinate legislation, and substantive law and procedural law. Into which of these categories does administrative law fit, and why?

2. What are the six fundamental principles of administrative law?

3. What is the difference between procedural fairness and natural justice, and to what kinds of bodies does each apply?

4. What are the two components of procedural fairness?

5. What is "jurisdiction," and why is it important that agencies not act outside this?

6. What is "discretion," and what considerations must a decision-maker bear in mind when exercising discretion?

7. What kinds of action or inaction constitute an abuse of a decision-maker's discretion?

8. What is subdelegation? Why is it often not permitted, and in what circumstances is it allowed?

9. What kinds of decisions must be made using procedures recognized by the courts as fair?

10. What kinds of decisions, if any, are exempt from the requirement to act fairly?

11. What are the components of impartiality, and how do they apply to tribunals and other agencies?

12. Where would you look to find the principles of procedural fairness that apply to

a. agencies in general,

b. a particular agency, and

c. the treaty rights of Indigenous peoples?

13. Which courts have a power to conduct a judicial review of the decisions of administrative bodies, and what kinds of orders can they make?

Chapter 3

TEXTBOOK: Administrative Law: Principles and Advocacy 4th ed. by Liz Nastasi, Deborah Pressman and John Swaigen