Administrative Law — The Operational Realities
22 Canadian Journal of Administrative Law and Practice, pp. 315-337, 2009
23 Pages Posted: 12 Jun 2012 Last revised: 30 Oct 2013
Date Written: 2009
Abstract
In civil litigation and criminal proceedings, the effects of court procedures are usually familiar to lawyers acting for the parties. But administrative law is different. Because of the diversity of quasi-judicial proceedings, the volume of cases in which lawyers are not usually involved, and for other reasons mentioned in this article, the operational realities are less well known in the profession. The article discusses the significance of the operational realities, and it explains, among other things, why it is important, when dealing with a system that has a pyramid structure, to understand the realities of primary adjudication, even for a lawyer who only acts on appeals or judicial review. A combination of equality and justice according to law can only be achieved if primary adjudication is designed to achieve those goals, and an appeal system is only needed to deal with a small minority of cases.
Keywords: administrative law, realities, operational, adjudication
JEL Classification: K00, K14, K40, K41, K42
Suggested Citation: Suggested Citation