Law 3101A/B Study Guide - Quiz Guide: Legal Certainty, Administrative Law, Separation Of Powers

• School: Western University
• Department: Law
• Course: Law 3101A/B
• Professor: Mysty Sybil Clapton

Document Summary

1, 2 and 3 are the procedural principles, they address the decision-making process and the way the individuals" interests are taken into account in the process. 4, 5, 6, 7 and 8 are the substantive principles, they impose requirements on the administration on the content of decisions. Authorities should use their power only if conferred to them (detournement de pouvoir), the decisions should be clear and understandable, and should not have any effect on event that happened before that decision (legal certainty). The judiciary has the task to control the administrative through the judicial review, in doing so, it must remain into its sphere and not take over administrative tasks. Uk: the existence of administrative law has always been controversial administrative disputes were solved in ordinary courts with the same rules that govern the disputes between individuals, until the recent years where a separation has happened.