LAWS 2502 Lecture Notes - Lecture 5: Ouster Clause, Patently Unreasonable, Mandamus
2 Feb 2016
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Is a creature of statute, available only if foreseen by statute. The level / kind of court - & scope of the appeal depend on what the statute. Unless the statute says otherwise, the court may reconsider the matter administrative action. = examination of the lawfulness (=legality) [mostly: statutory !] of: with the foll. remedies: Formal statutory remedies (eg "application for j. r. ") (private law remedies: = examination of the constitutionality (=const llegality) of admin. decisions(to see if they were authorized by the constitution=higher law, = examining not only the adm. body/tribunal operates. But also the enabling(=constitutive) statute under which the: cannot be limited by simple (=ordinary) statutes, but "limitable" only by: (a) const l. amendment, or by (b) s. 33 (notwithst g. clause, action for damages. Roncarelli (r) was a private citizen and jehovah"s witness who bailed out other jehovah"s. Witnesses who had been detained for distributing pamphlets. Premier and attorney general of quebec who ordered r"s liquor licence revoked.
