1 / 12

IPA Administrative Law

IPA Administrative Law. Tutorial 2. Timing / Pacing of Course. See supplemental material Class finished on Chapter 11 before break Moving forward on one chapter per class basis (hopefully) Next tutorial – 29/30 March 2008 April 17 th exams begin. Focus.

vaughan
Télécharger la présentation

IPA Administrative Law

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. IPA Administrative Law Tutorial 2

  2. Timing / Pacing of Course • See supplemental material • Class finished on Chapter 11 before break • Moving forward on one chapter per class basis (hopefully) • Next tutorial – 29/30 March 2008 • April 17th exams begin

  3. Focus • Revision of selected past materials • Flagging of important future materials – to be revised in full at tutorial 3 • Comments on Assignments • Guidance on Second Assignment

  4. Assignments

  5. Revision • See sample paper • Key chapters / matters • Chapters 4 / 5 • Chapter 6 • Chapters 8 / 9 • Chapters 10 / 11

  6. Key topics • Non-delegation doctrine • Non-Judicial Controls of delegated legislation • When are tribunals administering justice? • Ombudsman

  7. Key Topics • Original Theory of Jurisdiction • Pure Theory of Jurisdiction

  8. Future Study • Key areas • Chapter 14 – Mandatory and Directory Provisions • Chapter 15 – understand the basis of natural justice

  9. Chapter 16 – Nemo Iudex in Causa Sua • Test of Bias ( p 132) • Particular areas which it arises • Material or pecuinary interest • By reason of personal attitudes, relationships or beliefs • By reason of loyalty to a public body, institution or authority • By reason of prior involvement of prejudgment

  10. Chapter 17- Audi Alterem Partem • Chapter 17 – background to it – when do the rights apply? • Chapter 18 – Particular instances of “rights” found to exist under AAP maxim • Right to notice of case against you • Right to information • Right to be heard • Right to representation • No decision without a hearing • Reasons for a decision

  11. Chapter 20 and 21 – Discretionary Powers • Key focus – Chapter 21 – how courts control use of discretion • Delegatus no potest delegare • Improper purpose / irrelevant considerations • Bad faith • Unreasonableness

  12. Chapter 22 – Legitimate Expectation • Be able to explain when a legitimate expectation can arise in law • Understand Webb v Ireland • Discuss case-law • What if the expectation created is contrary to statute? • Administrative circulars?

More Related