The following methods of instruction will be utilized:
- Lectures
- 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 °µÍø51 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:
- Exams
- Research paper or other written assignment
- Class attendance and participation
An example of one possible evaluation scheme would be:
| Class attendance and participation | 10% |
| Midterm exam | 30% |
| Research paper | 30% |
| Final exam | 30% |
| Total | 100% |
Textbooks and Materials to be Purchased by Students
Text:
Mullan, David J. (2001). Administrative Law, Toronto: Irwin Law.
Other:
The text will be supplemented by legislation and more recent case law. These will be accessed through web-links provided to students.