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Part 3.docx - Theory The Need for Administrative Law...

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Theory: The Need for Administrative Law Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. 1. Government power Is greater than any individual or business 2. Therefore, must be a check on this power Or all administrative decisions will be one-sided Comparable to an accused’s rights in crime 3. Public law of regulation (government=regulator) Of our personal lives Of business 4. Most aspects of life are regulated; why? Necessary in the public interest o Protect consumers, employees, tenants, etc. who are weak parties compared to business o Maintain a “level playing field” in the marketplace and other domains in society. [The Civil Service] The government needs a large staff to carry make and implement its policy and law “The headless fourth branch of government” o But technically still part of the executive branch o “executes” and implement all its laws. o This must be delegated to these administrators o As a body, this is called the “bureaucracy” [Functions of Administrators] Policy: o Creation (right through to enactment of the law) o Implementation (rules, guidelines, forms, fees) Regulation: o Enforcement of the law o Adjudicative function A specialized, informal, quicker alternative to courts Original decision-making and appeal processes
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[Hierarchy of Law] Constitution Ordinary Legislation o “enabling” Regulations Administrative Tribunals (Departments, Boards, Agencies, Councils, Commissions) o Make their own rules and policies [Examples of Administrative bodies] Federal o All ministries and government departments Canadian Human Rights Commission Immigration and Refugee Board Parole Board Canadian Radio and Telecommunications Commission National Energy Board Provincial o All ministries and government departments Human Rights Commission Workers’ Compensation Board Student Finance Board Securities Commission Labour Relations Board Municipal o All municipal government departments Police Commission
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