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LAWS 2502 (7)
Chapter 3

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Carleton University
LAWS 2502
Nikola Milanovic

Chapter 3NonJudicial and Judicial ControlAControlA Case for Control We must rely in large part on administrators good sense and good willOur administrative process like our governmental process would simply break down without some trust and shared values between governors and governedTo help ensure that administrators do obey mandates and respect those affected some control is necessaryThe sheer size of government increases the need for controlThe larger the administrative process the greater the chances of unintentionaland even intentionalabuses of powerWhen the new powers are discretionary quasilegislative or quasijudicial further problems are generated for those seeking to maintain effective controlNot all objects of government control are weak or defenceless Government has no monopoly on power and much of the administrative process is concerned with controlling abuses of private power Ideologies traditionally associated with control such as the rule of law may be used for purposes beyond checking abuse of power to favour some social groups over othersEach specific form of control has its own characteristic drawbacksA balance must be sought between inadequate an excessive controland one should consider the strengths and weaknesses of forms of control as well as of forms of administrationMechanisms for controlling the executive can be divided into those that are nonjudicial and those that are judicialNonjudicial controls are administered primary outside the courts of lawJudicial control is administrated directly through the courts of lawNonJudicial ControlInternal ControlsInternal controls operate within the executive branch of government itselfSome regulatory authorities have specific statutory provisions that provide for internal reviewMost of the quasijudicial and regulatory authorities and Crown corporations lack direct hierarchical control over their decisions Internal controls offer a number of distinctive strengths They can be informal in the case of a reconsiderationPolitical executive control of independent administrative agencies is a special form of internal reviewThis kind of control is exercised either through cabinet or ministerial regulations or directives that fill in gaps in an agencys statutory mandate or through direct ex post facto cabinet or ministerial review of specific agency decisions
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