Admin Law summary

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PART I: INTRO
Context of Admin Law: Anglo-Canadian Constitutional History
Definition of Admin Law as discussed in class
 “admin law is about ppl getting screwed by gvt”
 power is exercised by public officials – esp exec (statute, or royal prerog)
 Admin is control of that power o Creates legal parameters – from cml, statute, constitution
 Created by Cts (supervise), legislature (who delegate), and agencies themselves (use delegated power)
 Admin law also provides for relief, where use of power transgresses parameters
Mantra
 “show me the power”
 Roncarelli v. Duplessis – Duplessis enacts laws banning various Jehova wit activities,
Roncarelli is a Jehova’s wit and posts bail for offenders, Duplessis prosecutes for provoking and disturbing the order
 SCC: Rule of law (foundation of our Constitution) requires that law supersedes any “action dictated by the arbitrary likes, dislikes, and irrelevant purposes of public officials acting beyond their duty”
Historical Context
 History explains our funny rules, rather than logic (O.W. Holmes)
 Key words: Parliamentary sovereignty & rule of law; executive power; delegation’ jurisdiction & ultra vires
 Monarch and cabinet (exec)  accountable to legs (Parl)
 Absolute Monarch: William the Conqueror – personal control over state affairs – unfettered royal prerogative, except for physical capacity to enforce, ppl willing to follow
 Shrinking Monarch: takes advice re taxes from Barons, great councils (land owners), and curia Regis (privy council) emerge;
 Barons impose Magna Carta  first parameter: monarch needs consent to impose taxes, freemen (ie, mercantile class) can only be punished by peers
 By Edward I, Great Council becomes Parliament (Lords in HoL, and freemen in HoC): increase in wars, means Parlimament has more leverage
 Allows for legislative process: King can only say Yay or Nay – can’t change
 Eventually, Habeus Corpus: monarch to show cause if imprisoning