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Lecture

Week of October 28, 3NN6

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Department
Political Science
Course
POLSCI 3NN6
Professor
Greg Flynn
Semester
Fall

Description
thStarted on 10282013 112900 AM Week of October 28 2013 Last saved on 11102013 53700 PM CLASS NOTES FOR 3NN6 McMaster University Fall 2013MONDAY OCTOBER 28 2013 ADMIN LAWSUBSTANTIVE REVIEW Administrative previously was concerned with the decision procedural to make the decision BAKER to establish where someone falls within the degree of protectionNow to how the decision itself SubstantiveWhat has been decidedo Degree of consistency o Concerned with the statueo Not as concerned with the common law or judicial developments now concerned about the statue and to a lesser extent about the constitution Whether the decision making power falls with the jurisdiction of the government in questiono STATUTORYo That the tribunal is fulfilling its purpose and applying the law properlyo Statute reflecting the will of the publico Role is properly seen as supporting democracy giving live to the legislative o SINGHwhere the government set out to limit scope of review unless there was a good chance that they would succeed Substantive concern o Whether courts can review decisions of tribunals and if so on what basis What standard of review What test does it apply to see if its consistent or not Because the Legislature said that the tribunal can have a limited jurisdiction Legislature can also say the versao When courts review decisions and what standard1 WHAT WAS DECIDED a Constitutional Review v Statutory Review 2 RESTRICTIONS ON REVIEW aPrivative Clauses Specific and explicit legislative enactments that attempt to limit or exclude the degree of judicial interference in administrative decisionmakingExample a statute may include a section that will say something to the effect of The decisions of tribunal shall not be reviewed by court or subject to judicial reviewbIndirect ControlTry to limit judicial review by granting raw powers of discretion The board has exclusive jurisdiction to deal with matterWhy would a government use something indirectly as opposed to directly Try to get around it without saying so explicitly1
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