POLSCI 3NN6 Lecture : Week of October 28, 3NN6
Document Summary
Administrative previously was concerned with the decision (procedural) to make the decision; Baker to establish where someone falls within the degree of protection. What test does it apply to see if it s consistent or not. Because the legislature said that the tribunal can have a limited jurisdiction; legislature can also say the versa: when courts review decisions and what standard, what was decided. Specific and explicit legislative enactments that attempt to limit or exclude the degree of judicial interference in administrative decision-making . Example; 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 review; Try to limit judicial review by granting raw powers of discretion. The board has exclusive jurisdiction to deal with matter . Why would a government use something indirectly as opposed to directly; Try to get around it without saying so explicitly;