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Final

LAWS 3506 Final: Lecture 12 - Exam Prep
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Department
Law
Course Code
LAWS 3506
Professor
Bahaa Sunallah

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LAWS 3506 April 3rd, 2017
Lecture 12 Final Exam Prep
Question: Should administrative tribunals be allowed to determine constitutional questions?
Let tribunals decide but review them on standard of correctness
Some tribunals are not enacted to answer questions of law, just role of fact finding so
these could not possibly be allowed to answer constitutional questions
o If allowed to iterpret the law, akes sese that you’d e ale to aswer
constitutional questions.
Workers compensation Board v. Martin
Does the administrative tribunal have explicit (state grant of authorization mentioned in act)
or implied (must look at statute as whole) jurisdiction to decide questions of the law.
o Other party can argue that there is no implicit power to decide
o If tribunals allowed, and finds provision as unconstitutional, tribunal can assume
it is not in effect ut oe triual deisio is ot idig o aother’s deisio.
o With judicial review, standard of correctness used so general application,
legislation does not need to be constantly challenged.
o Practical considerations not relevant if clear implication from state (see slide
for factors)
**Dore Not on Exam**
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LAWS 3506 April 3 , 2017 Lecture 12 Final Exam Prep Question: Should administrative tribunals be allowed to determine constitutional questions? Let tribunals decide but review them on standard of correctness Some tribunals are not enacted to answer questions of law, just role of fact finding so these could not possibly be allowed to answer constitutional questions o If allowed to interpret the law, makes sense that youd be able to answer constitutional questions. Workers compensation Board v. Martin Does the administrative tribunal have explicit (state grant of authorization men
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