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The Basics
Connie L. Mah
What is administrative law? Administrative law deals with complaints respecting government action that adversely affects an individual. Thus, administrative law involves determining the legality of government actions. There is a two-fold analysis: the legality of the specific law itself and the legality of particular acts purportedly authorized by the specific law. Governments cannot perform any act. Governments act through government officials who must act within certain limitations. A governments power to act comes from legislation or royal prerogative. Thus, government officials must act within the parameters (or scope) of such legislation or royal prerogative which give their actions lawful authority. These are lawful actions. If government officials act outside the scope of their lawful authority and individuals are affected by these acts, then the principles of administrative law provide individuals with the ability to seek judicial review of the administrative action and possible remedies for the wrongful acts.
In the administrative law context, the first step is to determine the legal validity or authority of the action by the government official. (In this article, administrator, delegate, and official are all used interchangeably.) This involves looking at the basis of the legal authority to act, that is, the specific law that gives that administrator the lawful authority to act.
January/February 2007
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Administrative Law:
Federal and provincial laws have expressly created administrative boards or tribunals as decision-making bodies for a variety of areas. The underlying rationale is to make the governmental decision-making process more efficient and accessible to the general public. The checks and balances for these decision-making bodies are provided by the provincial superior courts who oversee them by providing judicial review of the administrative actions of the boards and tribunals. The Role of the Superior Courts The superior courts have the inherent power of review of administrative actions. For example, in Alberta, the superior court is the Court of Queens Bench. By applying the rules of statutory interpretation If the delegated power is legislative or judicial in nature, the general and construction, these rule in administrative law is that such powers must be exercised by the courts determine which impugned acts are ultra specific person identified in the legislation. vires. These superior courts have historically also had supervisory powers over lower courts and tribunals. Judicial review of an act by an administrator is limited to determining whether delegates exercised their powers within the strict parameters as set out by the law that conferred the power and duties to act. These are essentially characterized as jurisdictional questions and therefore involve determination of whether the impugned act is ultra vires. Therefore, these courts may intervene if they conclude any of the following jurisdictional problems were involved in the impugned act: substantive ultra vires (the act was not authorized by the legislation); the delegate exercised a discretion for an improper purpose, with malice or bad faith, or with reference to irrelevant considerations; the delegate failed to consider relevant matters; the delegate made serious procedural errors (that is, breached principles of natural justice or the duty to be fair); or
January/February 2007
January/February 2007