450 Administrative Law (Kennedy)

LAW450

Administrative Law 

(Kennedy)

Prerequisite courses: Constitutional Law

Prerequisite for: 

Instructor(s): Professor Gerard Kennedy

Course credit: 3

Method of presentation: Lecture

METHOD OF EVALUATION

The following is a breakdown of the marking scheme for the course. Detailed descriptions follow.

• 20% mandatory short written report assignment

• 0-50% optional written research assignment

• 50-80% comprehensive, open book exam

• potential for participation “bonus”

The optional written assignment may count for up to 50% of your mark, but only if it improves your mark (i.e., if your exam mark is better than your written assignment mark, the exam will be weighted 80%). If you wish for it to be worth more than 19%, it must be at least 10 pages. If you wish for it to be worth more than 29%, it must be at least 14 pages. If you wish for it to be worth more than 39%, it must be at least 18 pages. It can be no more than 25 pages. The exam may not be worth less than 50%. So if your paper is of sufficient length to warrant being worth more than 30%, and also is better than your short written assignment, the short written assignment’s worth will be reduced accordingly (potentially to 0%). But the short written assignment must still be submitted in order to pass the course.

COURSE DESCRIPTION

In this course you will learn the fundamentals of administrative law, which primarily addresses the actions of the executive branch of government. We will concentrate on the procedural and substantive rights that individuals and other organizations have in regards to administrative decision-makers, and the relationship between administrative decision-makers, the legislative branch of government, and the judicial branch of government.

We will address:

1) The purview of administrative law;

2) Procedural review of administrative decisions;

3) Special rules regarding review of administrative decisions potentially affecting aboriginal rights;

4) Substantive review of administrative decisions; and

5) Administrative remedies.

By the end of the semester, you should understand:

• The primary grounds on which a party may “judicially review” administrative action, as well as the framework for doing so;

• The kinds of decisions that fall within the purview of administrative law generally, and judicial review specifically; and

• The rationales for why judicial review is constitutionally guaranteed in Canada, and the relationship between judicial review and the rule of law.

SPECIAL COMMENTS
Description updated 2023-24. Please contact the instructor for any specific questions you may have related to this particular course section.

REQUIRED TEXTS (IF ANY):
Gerald Heckman, et al., Administrative Law: Cases, Texts, and Materials, 8th Edition (Emond Montgomery, 2022)