1. CML 2312: ADMINISTRATIVE LAW Forcese CML 2312: Administrative Law (Forcese)

2. S ETTING THE S TAGE Defining Administrative Law Study and analysis of the administrative process generally, and the exercise of power by public officials and the control thereof exercised by the courts, the administration itself and the legislature. -- Former Edition of the Common Law Course Book Elements of DefinitionKeywords Power Public official Control CML 2312: Administrative Law (Forcese)

3. S ETTING THE S TAGE Defining Administrative Law Law which relates to the organization, duties, and quasi-judicial and judicial powers of the executive, to proceedings before tribunals and to the making of subordinate legislation -- Canadian Pocket Law Dictionary Elements of DefinitionKeywords Power Public official Control Law Tribunals Subordinate legislation CML 2312: Administrative Law (Forcese)

4. S ETTING THE S TAGE Defining Administrative Law Body of laws created by administrative agencies in the form of rules, regulations, orders & decisions to carry out regulatory powers & duties of such agencies. -- Black’s Law Dictionary (US) Elements of DefinitionKeywords Power Public official Control Law Tribunals & administrative agencies Subordinate legislation CML 2312: Administrative Law (Forcese)

5. S ETTING THE S TAGE Defining Administrative Law Administrative law is the body of law that establishes or describes the legal parameters of powers that exist by virtue of statute or residual Royal Prerogative. In terms of the relation between administrative process and the regular courts, administrative law embodies the principles by which the courts supervise the functioning of persons and bodies that derive their powers from either statute or the Royal Prerogative. -- Mullan (2001) Elements of DefinitionKeywords Power Public official Control Law Tribunals & administrative agencies Subordinate legislation Statute or royal prerogative CML 2312: Administrative Law (Forcese)

6. S ETTING THE S TAGE Defining Administrative Law Administrative law "deals with the legal limitations on the actions of government officials, and on the remedies which are available to anyone affected by a transgression of these limits." -- Villers and Jones (1998) Elements of DefinitionKeywords Power Public official Control Law Tribunals & administrative agencies Subordinate legislation Statute or royal prerogative Remedies CML 2312: Administrative Law (Forcese)

7. S ETTING THE S TAGE Defining Administrative Law Administrative law "deals with the legal limitations on the actions of government officials, and on the remedies which are available to anyone affected by a transgression of these limits." -- Villers and Jones (1998) Elements of DefinitionUnpack definition “Legal limitations” “Government officials” “Remedy” “Anyone affected by the transgression” CML 2312: Administrative Law (Forcese)

8. S ETTING THE S TAGE Defining Administrative Law Administrative law deals with the legal limitations on the actions of government officials. Specifically, it concerns itself with the proper exercise of delegated power by these government officials and the control of this power by the courts. In large part, administrative law is about the scope and nature of judicial review of decisions made by government officials. It also about the remedies that are available to parties affected by decisions made by government officials that do not conform to standards set for the proper exercise of power -- Consolidated definition Elements of DefinitionKeywords Power Public official Control Law Tribunals & administrative agencies Subordinate legislation Statute or royal prerogative Remedies CML 2312: Administrative Law (Forcese)

9. S ETTING THE S TAGE Defining Administrative Law Administrative law deals with the legal limitations on the actions of government officials. Specifically, it concerns itself with the proper exercise of delegated power by these government officials and the control of this power by the courts. In large part, administrative law is about the scope and nature of judicial review of decisions made by government officials. It also about the remedies that are available to parties affected by decisions made by government officials that do not conform to standards set for the proper exercise of power -- Consolidated definition Key ActorsAdministrative Law in Context Teressa Olander Ottawa Rivercleaner Atomic Power Unlimited Graham Smith, President, Canadian Nuclear Safety Commission CML 2312: Administrative Law (Forcese).

10. S ETTING THE S TAGE Administrative Law “Mantra” Show me the power! Dog walking hupoScenarios Scenario 1: citizen enforcement Scenario 2: by-law enforcement Scenario 3: by-law enforcement with attitude CML 2312: Administrative Law (Forcese).

11. S ETTING THE S TAGE Administrative Law “Mantra” Show me the power! Roncarelli v. DuplessisApplication of the mantra “...that an administration according to law is to be superseded by action dictated by and according to the arbitrary likes, dislikes and irrelevant purposes of public officers acting beyond their duty, would signalize the beginning of disintegration of the rule of law as a fundamental postulate of our constitutional structure.” -- Justice Rand CML 2312: Administrative Law (Forcese).

12. S ETTING THE S TAGE The Public Law Setting Life the law is history not logic. 1000 Years of HistoryKey Concepts Parliamentary sovereignty & rule of law Executive power Delegation Jurisdiction & ultra vires CML 2312: Administrative Law (Forcese).

13. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The Sphere of “de facto” power CML 2312: Administrative Law (Forcese).

14. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramChronology of Events The era of absolute sovereigns: an unlimited royal prerogative CML 2312: Administrative Law (Forcese).

15. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The era of absolute sovereigns King John’s tax troubles and the Magna Carta CML 2312: Administrative Law (Forcese).

16. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The era of absolute sovereigns King John’s tax troubles and the Magna Carta The emergence of “Parliament”... CML 2312: Administrative Law (Forcese).

17. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The era of absolute sovereigns King John’s tax troubles and the Magna Carta The emergence of “Parliament”... And monarchial resistance to it CML 2312: Administrative Law (Forcese).

18. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The era of absolute sovereigns King John’s tax troubles and the Magna Carta The emergence of “Parliament”... And monarchial resistance to it The Reformation and the expediency of Parliament CML 2312: Administrative Law (Forcese).

19. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events The era of absolute sovereigns King John’s tax troubles and the Magna Carta The emergence of “Parliament”... And monarchial resistance to it The Reformation and the expediency of Parliament Trouble with the Stuarts Pt I CML 2312: Administrative Law (Forcese).

20. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events Trouble with the Stuarts Pt II: civil war, republics and restoration CML 2312: Administrative Law (Forcese).

21. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events Trouble with the Stuarts Pt III: the Glorious Revolution and the Bill of Rights, 1689 CML 2312: Administrative Law (Forcese).

22. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events Parliamentary sovereignty and a residual “royal prerogative” CML 2312: Administrative Law (Forcese).

23. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events Remaining prerogative powers by 1867: Appointment of a Prime Minister 2. Appointment of Ministers 3. Dismissal of a government 4. Dissolution of Parliament 5. The creation of peers or Lords 6. Prerogative of mercy 7. Grant of patronage and honours 8. Conduct of foreign affairs, including declaration of war and signing of treaties 9. Crown cannot be sued without its permission CML 2312: Administrative Law (Forcese).

24. S ETTING THE S TAGE The Public Law Setting The march towards parliamentary sovereignty Power DiagramKey Events Eventually, that residual prerogative exercised on the advice of the PM or Cabinet CML 2312: Administrative Law (Forcese).

25. S ETTING THE S TAGE The Public Law Setting Responsible government Power DiagramKey Events CML 2312: Administrative Law (Forcese). From “Privy Council” to Cabinet

26. S ETTING THE S TAGE The Public Law Setting Canada, Confederation and the British North American Act Power DiagramKey Events CML 2312: Administrative Law (Forcese). From whence responsible government?

27. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). The impact of the 1867 Act on the Power Diagram Separation of Powers In practice, most of the separation of powers is accomplished by constitutional convention and not so much the written text of the Constitution Acts Canada, Confederation and the British North American Act: The Separation of Powers

28. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). “There is in Canada a separation of powers among the three branches of government -- the legislature, the executive and the judiciary. In broad terms, the role of the judiciary is, of course, to interpret and apply the law; the role of the legislature is to decide upon and enunciate policy; the role of the executive is to administer and implement that policy.” -- Fraser v. Canada, SCC Canada, Confederation and the British North American Act: The Separation of Powers Power Diagram

29. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). The impact of the 1867 Act on the Power Diagram Division of Powers Canada, Confederation and the British North American Act: The Division of Powers

30. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). The impact of the Charter of Rights and Freedoms Canada and Constitutionalized Rights

31. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). The impact of the Charter of Rights and Freedoms Canada and Constitutionalized Rights

32. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Parliament “sovereign” within its piece of the power pie Canada and Parliamentary Sovereignty

33. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Parliament may delegate powers to the executive, by statute Parliamentary Sovereignty and the Delegation of Powers

34. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Parliament may delegate powers to the executive, by statute Parliamentary Sovereignty and the Delegation of Powers

35. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). "... The legislative cannot transfer the power of making laws to any other hands; for it being but a delegated power from the people, they who have it cannot pass it over to others. … When the people have said, we will submit to rules and be governed by laws made by such men, and in such forms, nobody else can say other men shall make laws for them; nor can the people be bound by any laws but such as are enacted by those whom they have chosen and authorized to make laws for them.“ -- John Locke Delegation Proper? Power Diagram

36. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 1: Legislature must have the power in the first place Delegation Proper? Constraints in Canadian Law Power Diagram Cannot transgress the division of powers Cannot transgress Charter

37. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 2: Parliament cannot delegate its powers to provincial legislatures and vice versa Delegation Proper? Constraints in Canadian Law Power Diagram No “inter-delegation” between levels of legislature (Attorney-General of Nova Scotia v. Attorney-General of Canada (1951), SCC

38. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 2 Caveat: Parliament can delegate its powers to provincial executive officials and the provincial legislatures can delegate to federal executive officials Delegation Proper? Constraints in Canadian Law Power Diagram “Inter-delegation” permitted between legislatures of one level of government to executive officials of another (P.E.I. Potato Marketing Board v. H.B. Willis Inc., 1952, SCC)

39. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 3: “No taxation without representation” Delegation Proper? Constraints in Canadian Law Power Diagram Constitution Act, 1867: s. 53. Bills for appropriating any Part of the Public Revenue, or for imposing any Tax or Impost, shall originate in the House of Commons

40. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 4: Parliament cannot surrender its powers to the executive Delegation Proper? Constraints in Canadian Law Power Diagram “Parliament cannot, indeed, abdicate its functions, but within reasonable limits at any rate it can delegate its powers to the executive government. Such powers must necessarily be subject to determination at any time by Parliament…” -- Re Gray, 1918, SCC

41. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Constraint 5: Delegated powers must not be unconstitutionally vague, where Charter s.7 interests are in play Delegation Proper? Constraints in Canadian Law Power Diagram Charter, s.7: Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice.

42. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Example of broad powers to delegate: Power to delegate “legislative” power itself The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram Statutes often delegate the authority to an executive body (e.g., the Governor-in- Council) to make regulations, otherwise known as ‘delegated legislation’

43. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Example of “legislative” power form the Nuclear Safety and Control Act (NSCA): 44. (1) The Commission may, with the approval of the Governor in Council, make regulations (a) respecting the development, production and use of nuclear energy; (b) respecting the mining, production, refinement, conversion, enrichment, processing, reprocessing, possession, import, export, use, packaging, transport, management, storage, disposal and abandonment of a nuclear substance; etc. The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram

44. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Another example of broad powers to delegate: Power to delegate a “discretionary” decision-making power The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram Discretion defined (per Lord Diplock): “The concept of administrative discretion involves a right to choose between more than one possible course of action upon which there is room for reasonable people to hold differing opinions as to which is to be preferred.”

45. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Examples of discretion from the Nuclear Safety and Control Act (NSCA): 19.(1) The Governor in Council may, by order, issue to the Commission directives of general application on broad policy matters with respect to the objects of the Commission. The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram

46. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). 16. (1) The Commission may, notwithstanding any other Act of Parliament, appoint and employ such professional, scientific, technical or other officers or employees as it considers necessary for the purposes of this Act and may establish the terms and conditions of their employment and, in consultation with the Treasury Board, fix their remuneration. The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram

47. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Why discretion? “[The] delegation by governments to administrators and bureaucrats is necessary to ensure that the sheer volume of work which must be done by government is, in fact, able to be done. It is the recipients of these various delegated powers and authorities who perform most of the activities and make most of the decisions essential to the proper functioning of the government and the implementation of our laws.” -- Wagner v. Williams, 1995, Man. Q.B., affirmed, Man. C.A.: The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram

48. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Why discretion? "Minister, the traditional allocation of executive responsibilities has always been so determined as to liberate the ministerial incumbent [and Parliament] from the administrative minutiae by devolving the managerial functions to those whose experience and qualifications have better formed them for the performance of such humble offices, thereby releasing their political overlords for the more onerous duties and profound deliberations which are the inevitable concomitant of their exalted position." -- Sir Humphrey Appleby, Yes Minister The Enormous Capacity of Parliament to Delegate Powers to the Executive Power Diagram

49. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Subdividing the Executive’s Slice of the Power Diagram: The answer to “show me the power” must be one of three different sorts of power Otherwise, the official is acting “outside of their jurisdiction”, or ultra vires. Accountability and the Administrative Law “Mantra”: Show me the Power! Power Diagram Constitution Act, 1867 Royal Prerogative The Most Important: Power delagated by statute

50. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Legal authority for judicial review: Not expressly set out in Constitution Act, 1867 Flows from tradition of UK Royal Courts Judicial review authority “read into” s.96 of the Constitution Act, 1867: 96. The Governor General shall appoint the Judges of the Superior, District, and County Courts in each Province... The Concept of Judicial Review: Courts Policing the Exercise of Power by the Executive Power Diagram

51. S ETTING THE S TAGE The Public Law Setting Power DiagramKey Events CML 2312: Administrative Law (Forcese). Legal authority for judicial review: Crevier, 1981, SCC: “It is true that this is the first time that this Court has declared unequivocally that a provincially- constituted statutory tribunal cannot constitutionally be immunized from review of decisions on questions of jurisdiction. …” See also Dunsmuir, 2008, SCC The Concept of Judicial Review: Courts Policing the Exercise of Power by the Executive Power Diagram

52. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 1. To whom is the power delegated? Determined by the delegating instrument (i.e., the statute) Nuclear Safety and Control Act The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

53. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 1.To whom is the power delegated? Issue of sub-delegation delegatus non potest delegare Exceptions: 1. Express exception 2. Fact-finding 3. Lawful deputy 4. Implied power of Cabinet or Minister 5. Other implied powers The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

54. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 2. What is the nature of the power delegated? Determined by the delegating instrument (i.e. statute) spectrum from “administrative” to discretionary The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted? Pure “ administrative ” : no discretion Purely discretionary Fettered discretion

55. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 3. How is the power to be exercised? Two sub-questions: 1. What is the procedure to be followed in the exercise of power? Sources of these procedures: Statute Common law Constitution The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

56. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 3. How is the power to be exercised? Two sub-questions: 2.What substantive standards are to be used in exercising the power? Sources of substantive obligations: Statute Common law The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

57. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 1. Who exercises the control? Is there a statutory right of appeal? Judicial review Provincial Federal The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

58. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 2. What procedure must be followed to control exercise of delegated power? Where statutory right of appeal: Read statute Judicial Review Provincial Ontario Judicial Review Procedure Act Federal Federal Courts Act The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

59. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 3. On what grounds is control exercised? Where statutory right of appeal: Read statute The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

60. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 3. On what grounds is control exercised? On judicial review: 1. Violating limits imposed by the constitution unconstitutional actions by delegate or unconstitutional delegations by legislature 2. Violating limits imposed by the statute delegating the power or other statutes error of jurisdiction & concept of ultra vires 3. Violating limits imposed at common law The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

61. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 4. What relief can be granted? Where statutory right of appeal: Read statute The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?

62. S ETTING THE S TAGE The Seven Steps to Administrative Law Wisdom Power DiagramThe Steps CML 2312: Administrative Law (Forcese). 4. What relief can be granted? Judicial Review court will not substitute own decision for that of delegate Instead: prerogative writs: certiorari prohibition mandamus habeas corpus quo warranto Ordinary remedies: Injunction declaration The 3 Question Approach to the Exercise of Delegated Power 1. To whom is the power delegated? 2. What is the nature of the power delegated? 3. How is the power to be exercised? Power Diagram The 4 Question Approach to the Control of the Exercise of Delegated Power 1. Who exercises the control? 2. What procedure must be followed in seeking to control the exercise of delegated power? 3. On what grounds is control exercised? 4. What relief can be granted?