LAWS 2502 Lecture Notes - Lecture 4: Natural Justice, Privative, Mandamus
20 Oct 2015
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Document Summary
Laws 2502 a lecture #4 audi alteram partem (=hear the other side) =both sides must be heard nemo iudex in causa sua (=nobody can be judge in their own case), = rule against bias for a long time, these rules of natural justice (with their origin in judicial procedure) were required only for administrative tribunals with. But not e. g. for those with administravive functions but in the last few decades. The core element of the rules of natural justice, the duty to act fairly (= doctrine of fairness),has been required as well for those admin. tribunals which exercise not (quasi-)judicial, but administr. "ve functions. Re nicholson and haldimand norfolk regional board of commissioners of police (scc, Cdn bill of rights (1960) & the charter of rights (1982) were used and the case illustrates both. Judicial review of legislation and judicial review of administrative action recap: admin. law (1) Positive side (=regarding efficiency of governing/ executing/administering)
