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Law

Terms in this set (77)

The law governing the organization
and operation of administrative agencies
(including executive and independent agencies) and
the relations of administrative agencies with the legislature,
the executive, the judiciary, and the public .•
Administrative law is divided into three parts: (1) the
statutes endowing agencies with powers and establishing
rules ofsubstantive law relating to those powers; (2)
the body ofagency-made law, consisting ofadministrative
rules, regulations, reports, or opinions containing
findings offact, and orders; and (3) the legal principles
governing the acts of public agents when those acts
conflict with private rights. [Cases: Administrative
Law and Procedure C=:' 1.]
"Administrative law deals with the field of legal control
exercised by law·administering agencies other than courts,
and the field of control exercised by courts over such
agencies'" Felix Frankfurter, The Task of Administrative
Law, 75 U. Pa. L. Rev. 614, 615 (1927).
"[Ajdministrative law is to labor law, securities regulation,
and tax what civil procedure is to contracts, torts, and
commercial law. Administrative law studies the way govern·
ment institutions do things. It is therefore the procedural
component to any practice that affects or is affected by
government decision makers other than just the courts.
Its study goes beyond traditional questions; it explores a
variety of procedures and it develops ideas about decision·
making and decisionmakers"· 1 Charles H. Koch, Adminis·
trative Law and Practice § 1.2, at 2 (2d ed. 1997).
Judicial interpretations of common-law principles and doctrines, as well as interpretations of constitutional law, statutory law, and administrative law.

• Judicial Branch interprets and applies the laws of Canada
• Consist of Judges and Courts
• Works slightly different than the other branches of Government (Legislative and Executive) in that in only becomes involved in law making when it is triggered by litigants (those that bring cases to the courts)
• Within the Canadian Common Law System, judges are to remain neutral, independent, and impartial
• Judges should maintain a separation from politics
• Must decide cases only in accordance with the laws
• Should remain impervious to any outside influence or political pressure

• Judicial branch is dif. From the other two branches in that the provincial and federal courts here WORK TOGETHER (rather than checks and balances in relation to the other two)
• Each province creates its own Courts whose Judges may be appointed by the prov. Or the federal gov't depending on what level they are
• Hear cases involving both provincial and federal law
• Appeals from each of the provincial and territorial courts may be heard by the federally created Supreme Court

• Statute Law is the dominant form of law making in Canada
• BUT, Statute law and Case law go hand and hand because many times judicial interpretation is integral to the application of Statute Law
• So judges have a significant Degree of Power in law making in Canada