POLS 257 Lecture Notes - Lecture 11: Audi Alteram Partem, Privative, Provincial Superior
Document Summary
Fairness and natural justice in the administrative process. Delegation of authority to governmental body so long as. Authority is within constitutional limit for delegating legislature (i. e. within section 91 or 92 mandate), and; Delegation is not to another legislative body ( interdelegation ) From federal parliament to inferior body created by provincial legislature, e. g. imposition and collection of gst; agricultural products marketing boards. From provincial legislature to inferior body created by federal parliament, e. g. environmental assessments in bc. Delegatus non potest delegare a delegate may not re-delegate. Generally, administrative body receiving authority may not further delegate responsibility. Further delegation may be done if legislation specifically allow the same: e. g. driving prohibition reviews in bc. Administrative body"s authority set out and limited by enabling statute/regulation. Cannot exercise authority in purported reliance on other statutes or regulations: i. e. driver"s license suspension must be based on stipulations in motor vehicle act, not. Can only proceed if matter falls within mandate for review.
