JSB171 Lecture Notes - Lecture 1: Government Communications Headquarters, Parole Board, Nba Coach Of The Year Award
Document Summary
Administrative law: term used to embody the mechanism and procedures available under the legal system to challenge decisions made by the executive branches of government (i. e. government bodies and statutory authorities) Historically designed to allow for review of travelling judge"s decisions; and grew out of dicey"s rule of law; that no-one is above the law and that the executive branches of government must therefore be held accountable through the courts. Constitutional law approaches issues with all three branches of government"s powers and limits (whether laws made were valid); whereas administrative law only involves the legality of executive government exercises of power (whether executive action is lawful). Role of the judiciary: government is based on the separation of powers (legislative - make, executive - administer & judiciary - apply); judiciary is to review the lawfulness of an exercise of power. Independent tribunal (if allowed within the statute) merits review.
