POLS 2250 Chapter Notes - Chapter 12: Privative, Civil Marriage, National Energy Board
11 Apr 2017
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Document Summary
The canadian judiciary unlike the executive and legislative branches of government, the judiciary is independent form the other two branches the independence of judges is considered crucial o the impartial or unbiased administration of justice. Judicial review of administrative active administrative law- the branch of public law concerned with relations between the government and individual citizens. It tends to focus on certain areas of public administration (labour relations, tax assessment and licensing) Private clause statutory provision designed to prevent judicial review of the decisions of administrative tribunals. Can be straightforward provisions that specifically state that no judicial review shall take place or that the tribunal has exclusive jurisdiction over its area of responsibility. Increasing deference of courts fail to extend to a total acceptance of private clauses. Judges assume in their decision making that the authors of the private clauses never intended to provide protection against instances of tribunals acting outside their jurisdiction/functioning in an unfair/incorrect way.
