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Administrative Law Summary
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A summary of the first year course of Administrative Law.
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Admin LawTable of Contents
Admin Law.........................................................................................................................1
Week 1 – Introduction........................................................................................................2
Week 2 – Due Process.........................................................................................................5
Week 3 –............................................................................................................................9
Week 4.............................................................................................................................13
Week 5.............................................................................................................................14
Week 6.............................................................................................................................22
,Week 1 – Introduction
- How are the administrative powers attributed to the
administration?
o By Legislature
o Inherent powers
- All administrative power is limited by:
o Express and implied terms of the statute which confers it
o General principles (ex. Reasonability, etc.)
- The central concern of the courts, on judicial review, is to identify
whether the decision-maker has acted (or is proposing to act)
beyond those limits
- What is an arbitrary government?
Government contrary to the rule of law
2
, - Separation of powers: protects individual liberty by allocating
particular governmental powers to specific branches
- Checks and Balances protects individual liberty by having each
branch restrain the others
- 2008, Boumediene v. Bush, a landmark ruling:
The Court recognized habeas corpus as an instrument for the
enforcement of checks and balances and the power to issue it as
inherent in judicial role
- Habeas corpus
o What does the Writ of Habeas Corpus require the
government to do?
They must bring a prisoner before a judge and show good
reason why that person should not be released
o Why is this important?
This prevents unjust arrest and imprisonment
Judicial branch provides protection against arbitrary administrative
decisions
Branch of public law: these laws establish and govern public
agencies and offices, rules which such agencies themselves make,
the court rulings which keep the agencies and their rules within
limits and the patterns of remedies to assist persons injured by such
agencies.
Actors in admin law
Admin law can be applied on three different levels
1. National
2. EU, and
3. Global level
Administrative powers
Powers derived because of the character of activity: inherent
power. Certain powers ought to belong inherently to
3
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