Instructor(s): Audrey Macklin

For graduate students, the course number is LAW7003HF.

Note: Students who enrol in Professor Macklin's administrative law course are advised that classes will be cancelled on September 12 and September 14. She will assign readings in advance for the first class (September 7) and hold a make-up class on September 9.

Administrative agencies are a pervasive and powerful part of modern government and our daily lives. This course is a study of the ways in which courts review public decision-making bodies that are not courts. The primary focus is the doctrine of judicial review of administrative action, and the influences that have shaped this doctrine and its application. A secondary focus is the evolution of governance through regulation.

There are three major divisions:
1. Procedures: when and to whom does a public body owe a legal ‘duty of fairness’, and what is the content of that duty?
2. The merits of decisions: to what extent should courts review decisions of agencies that seem wrong, because an agency made a mistake in interpretation of a statute, because it made a mistake about facts, or because it exercised discretion improperly or unreasonably?
3. Remedies: what are they, and who may claim them?

Throughout the course, two major themes are the rule of law and the appropriate role of the courts. What are the strengths and limits of the courts and the agencies that should shape the scope and intensity of review?

Evaluation
There will be a 100% final 3 hour, in-class, open book exam. The instructor may distribute reading materials in advance of the exam that students can bring to the exam.

At a Glance

First Term
Credits
4
Hours
4

Enrolment

Maximum
80
76 JD
4 LLM/SJD/MSL/NDEGS/SJD U

Schedule

M: 10:30 - 12:20
W: 10:30 - 12:20