PPAS 2200 Lecture 6.doc

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York University
Public Policy and Administration Studies
PPAS 2200
Khashayar Hooshiyar

PPAS 2200 Administrative law and administrative justice Lecture 6 Essay Intro – introduce topic, then Question, then argument/thesis (1/2 page) Then add short paragraph of what sources you used – 5 articles Body -- present each article separately briefly Conclusion – how these articles treat the topic or after each article take a position ^ Then take a position on all of them and how the topic is generally treated by major newspapers - Administrative law – their objective of policies is used to highlight government (government implement policies based on enabling regulations) - All expectation of objectivity is regulated by law - Everything is regulated – need to be certified (eg: pass test to get drivers test) - Administrative laws deals with administrative issues (legal issues – common law issues) {has to be a case and taken to court, and court decide if it is administrative law} - ^ about making sure those implementations treat everyone equally - Administrative justice – fairness, that the government is on the constitutional obligation to treat everyone equally based on the principle of fairness - ^ eg; get hurt at work (from doing something from work), you can apply for workers compensation, and those in charge reject your compensations, but you think you are denied that because of your race, gender, or class, therefore not “fair” What is administrative law? - Regulating state society relations - Legal limitations on the actions of the government officials - Increasing regulations, increases government activities, therefore government becomes more intrusive in our private activities - ^ to that extent, we need more defined laws, frameworks to make sure the government is not taking advantage of its authority – the abuse of power - Arises from common law, through judicial decisions, but combinations of parliament and regulations to make administrative law - Administrative law is the “legal rules and institutions used to regulate and control the conduct of the state in its relations with citizens, deals with legal limitations in terms of freedom of what they have and bound by certain laws arising from common law” - ^ to protect citizens in Actions Modern Administrative State - Scope of the modern state’s activities are varied and diverse - Government and private activity - Traditional estate -- in the 19 to early 20 century, mainly concern with certain activities and were predominately defense and maintenance of eternal order - ^ concern with political military and civil governments NOT social economic - Modern estate – boarder scope of activities (vast range of concerns to education, health care, culture, environmental) - ^ all become subjects of modern state – used to be easier before, after it is difficult - ^When issues arise, government intervenes - Need to have issues or problems - Administrative law or justice – is the product of the modern estate * - Governments tend to regulate cities - Administrative boards play an increasing important role in society *** - Major boards regulating everything (from your birth, death, marriage) Powers of administrative agencies - We can use different typologies: examples: - A. compensation assessment – EI, student loans - B. licensing – driver’s license, fishing - C. arbitration of disputes – workers, employers have labor boards, unions - D. work-place regulations – employee and manager, - E. rate setting – minimum wage, rental units - Agencies will often exercise more than one power/ perform more than one functions Government activity is controlled in three ways - 1. Laws must not violate the Charter provision – government activities are controlled in varies of ways (laws must not violate the Charter provisions) - 2. Delegating legislations defines powers to be allocated – eg: if there is a legislation overseeing rent control and given to the government, and government must implement it, and government gives it to boards, and boards regulate it (like regulate only rental high rise building), basically means you have the power to control the high rise buildings but does not have power of low rise buildings - ^ government is confined - 3. Certain common law principles impose limits or obligations upon tribunals - ^ like aspect of national justice is the right to be heard (and defined in common law) and gives you the right to be noticed to be subject to common law principles - ^subject to common law procedures and how government activities are controlled Administrative law and judicial review - Grounds of redress – certain things that have to be met (like if there is a breach of authority, and its authority exceeds its jurisdictions, have the grounds for an appeal – must act by their enabling legislation) - ^ the decision made by these tribunals have to be reasonable NOT unreasonable - ^ or must have evidence to justify facts – NOT subjective - ^ in general a decision cannot be unreasonable to the extent that It is one to no reasonable person - ^ right to appeal (courts have required that only those in power are allowed to appeal) {must clearly be identified – clear who does it, courts required that only those who are entrusted or responsibilities of doing it and you are not supposed to be delicate to other powers or else you lose your status} - ^ unfair procedures – either substantive or procedural, most of administrative law is related to unfair procedures, rule is that agencies must follow proper procedures or based on common law principles - ^ right to be heard is the fundamental principle in Fair procedures – needs to give you the op
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