|
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada.〔David Mullan in "Administrative Law" (Irwin Law:Toronto, 2000) defines it as "the body of law that establishes or describes the legal parameters of power that exist by virtue of Statute or residual Royal prerogative." (p.3)〕 That is, the law concerns the manner in which courts can review the decisions of administrative decision-makers (ADMs) such as a board, tribunal, commission, agency or minister. The body of law is concerned primarily with issues of substantive review (the determination and application of a standard of review) and with issues of procedural fairness (the enforcement of participatory rights). Administrative law concerns the statutes and rules of government operations. Courts ensure that ADMs observe the limits on the authority. Also, declaration and equitable injunction remedies exist. == Sources of law == The powers of an ADM are primarily created by statute, which is known as the "enabling statute". These powers are limited by the legislative authority of the enabling government provided under section 91 or 92 of the ''Constitution Act, 1867''. Superior Courts (known as Section 96 Courts) have an inherent power at common law to review any decision of an ADM.〔''Crevier v. Quebec'', () 2 SCR 220〕 A judicial review allows for the court to consider the entire decision-making process, including the process, the findings of fact and of law. The power of judicial review is found either in the enabling statute or by virtue of the common law.〔Many provinces such as British Columbia, Ontario, and Prince Edward Island, as well as the federal government, have codified the common law power. All federal ADMs are reviewable under un the ''Federal Court Act'' RSC 1985, C. F-7〕 The common law powers are derived from the four original writs of certiorari, prohibition, mandamus, and habeas corpus. Courts may also review a decision through a statutory appeal when the review power is explicitly granted within the enabling statute that created the administrative body. Appeals are typically reviews for errors of law. These powers are also frequently limited by privative clauses or finality clauses within the enabling statute. A privative clause will declare the ADMs decision is "final and conclusive" and/or that the ADM has "exclusive jurisdiction" over the matter, effectively removing any power of review. As established in ''Crevier v. Quebec'' (1981), the Constitution requires that the courts be able to supervise errors of ADMs and so the legislature cannot completely oust them from that power, nor can an ADM completely replace a Superior Court. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Canadian administrative law」の詳細全文を読む スポンサード リンク
|