The following methods of instruction will be utilized:
- Class discussions
1. Introduction and Overview
- The scope of administrative law
- The constitutional foundations of administrative law
2. Procedural Fairness in Administrative Action
- The legal basis for the requirement of procedural fairness
- Common Law
- Charter of Rights
- Audi Alteram Partem
- Bias and Lack of Independence
- The elements of procedural fairness
3. Substantive Review of Administrative Action
- Jurisdiction and Jurisdictional Error
- Discretionary Power and Abuse of Discretion
4. Forms of Review of Administrative Action
- Statutory Appeals
- Judicial Review
- Role of the Ombudsman
- Limits on Review
5. Remedies in Administrative Law
- Prerogative Remedies
- Judicial Review Procedure Acts
- Monetary Remedies
- Discretion to Refuse Remedies
6. Administrative Law in Practice
- Immigration Law
- Human Rights Law
- Labour & Employment Law
- Social Welfare Law
At the conclusion of this course the successful student will be able to:
- Describe the role of administrative law in relation to the exercise of governmental authority.
- Describe the constitutional foundations of administrative law.
- Identify and describe the legal sources of the requirement for procedural fairness in governmental decision making.
- Describe the general requirements of procedural fairness, and explain the differing standards of procedural fairness in different decision-making contexts.
- Explain the importance of jurisdiction in administrative law.
- Describe the role of privative clauses, the concept of patent unreasonableness, and the relationship between them.
- Identify and describe the different forms of review of administrative action.
- Describe and explain the tension that exists between legislatures and courts in the context of judicial review of administrative action.
- Identify and describe the remedies available in administrative law and the circumstances in which remedies may be refused.
- Identify and describe discrete areas of substantive law where administrative law principles play a central role, including immigration law, human rights law, labour and employment law, and social welfare law.
- Read statute and case law critically and with good comprehension.
- Apply administrative law principles to real and hypothetical situations involving conflict over administrative action.
Evaluation will be based upon the course objectives and will be carried out in accordance with Douglas College policies. The instructor will provide a written course outline with specific evaluation criteria at the beginning of the course. Evaluation will be based upon the following:
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
|Class attendance and participation||10%|
Textbooks and Materials to be Purchased by Students
Mullan, David J. (2001). Administrative Law, Toronto: Irwin Law.
The text will be supplemented by legislation and more recent case law. These will be accessed through web-links provided to students.