Instructor(s): Audrey Macklin

For graduate students, the course number is LAW7003HF.

This section of this course is offered on campus, for students who can attend in person. This course will meet 2 times a week.  One meeting will be in person, the other will be a hybrid meeting, with students rotating between attending in person and attending via AV conference.   In order to safeguard the health and safety of students, there is a possibility that all sections of this class will convert to a remote format for all or part of the term. To enrol in this course all students must meet or exceed the tech requirements for enrolment in University of Toronto courses, which can be found here [https://www.viceprovoststudents.utoronto.ca/students/tech-requirements-online-learning/]

Note: The Quercus program will be used for this course. Students must self-enrol in Quercus as soon as confirmed in the course in order to obtain course information.

The administrative state is a pervasive and powerful part of modern government. Our lives are regulated to a much greater extent by administrative bodies than by courts, even if we rarely think about them.  This course focuses mainly on the mechanism by which the courts supervise the conduct of administrative actors through judicial review and, to a lesser extent, statutory appeals.  The separation of powers between these legislature, the executive and the judiciary, within a Westminster system of parliamentary democracy with a written constitution, provides the scaffolding for the course.  The administration is an emanation of the executive, perched between the legislature (who creates and empowers administrative bodies through law) and the judiciary (who interpret those laws).  This institutional arrangement sets up for consideration the relationship between administrative actors and the subjects of their authority, and the norms and rules that govern their interaction.  These are issues of procedural fairness, and substantive questions about interpretation and application of law and discretion.  The posture of the courts toward administrative actors comes into focus through examination of when, why and how courts defer to decisions of administrative actors.  Issues in the relationship of both the judiciary and the executive/administration to the legislature emerge through debates about the meaning and demands of democratic governance and the rule of law.  Finally, the course will also explore the application of administrative law principles to questions of governance between the Canadian state and Indigenous peoples.

Evaluation
There will be a 90% final open book exam. 10% of the grade will be based on class participation. The instructor may distribute reading materials in advance of the exam that students can consult during the exam.
Academic year
2020 - 2021

At a Glance

First Term
Credits
4
Hours
4

Enrolment

Maximum
70

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

Schedule

T: 2:00 - 3:30 pm (in-class)
Th: 2:00 - 5:00 pm (hybrid:  AV Conference/in class rotation)