LAWS 2502 Lecture Notes - Lecture 3: Parliamentary Sovereignty, Habeas Corpus, Comptroller
8 Apr 2015
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Answer: considerations of: policy (including policy values , special expertise, time (speed) faster, cost less costly, early reaction: denunciation of delegation to the executive/administration. Lord hewart (new despotism) & dicey (they favoured courts, rule of law ) Exercise of all public power must find its ultimate source in a legal rule : the relationship between the state and the individual must be regulated by law, all government action must comply with law, including constitution. Constitutionalism: essence embodied in s. 52 of the constitution act 1982, constitution is the supreme law of canada , all government action must comply with the constitution. Internal/institutional (within the administration) a: parliamentary and electoral, the media d. Class 3: ombudsperson, auditor general, privacy commissioner, official language commissioner, judicial controls a. In contrast to judicial review ii. iii. decision. A creature of statute, available only if foreseen by statute. The level/kind of court and scope of the appeal depend on what the statute provides.
