Introduction To Administrative Law
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Submitted by MichTrev on 06/30/2008 05:21 PM
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Introduction To Administrative Law
Administrative Law is very similar to Constitutional Law, as it focuses on the rule-making authority of government officials. It is a branch of public law and its subject matter is the law governing the implementation of public programs, which are governed by statutes which have been enacted by either Parliament or legislature, depending on the level of government with constitutional competence in the area. Areas such as employment, regulated industries, economic activities, professions and trades, human rights and income support are examples of issues that form a basis for administrative plans. The major institutions which deal with administrative law are legislatures, cabinet and ministers, municipalities, Crown Corporations, private bodies, and independent administrative agencies.
The legislature is where the major political decisions are discussed, debated and approved. The majority of all public programs begin with a statute which has created new legal rights and statutes. The legislation who establishes the program then has a role to play in its administration. As for the Cabinet and ministers, the Lieutenant Governor or individual ministers may be empowered to supplement the statute with legislation, or the minister may use discretionary powers that affect individuals. Municipalities also have an important impact on members of the community, at the local level, including garbage collection, police and fire services, public transport, land use planning, etc. Members of council debate and pass by-laws at public meetings, however they are subject to a measure of provincial control. Crown Corporations for the most part, are independent, so they can make commercial decisions without government interference, however the government does hold a large influence over them, which includes CBC, Air Canada, Canada Post, etc. Private bodies, on the other hand, are found in between the boundaries of the government and the private sector. Their legal...
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