Instructor(s): Richard Stacey

For graduate students, the course number is LAW7003HS.

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 90% final 3 hour, open book exam. The remaining 10% will be assessed through class participation, based on answers to focused questions about the course materials.

At a Glance

Second Term
Credits
4
Hours
4

Enrolment

Maximum
70

66 JD
4 LLM/SJD/MSL/NDEGS/SJD U

Schedule

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