Administrative Discretion

In public administration, administrative discretion refers to the flexible exercising of judgment and decision making allowed to public administrators. Regulatory agencies have the power to exercise this type of discretion in their day-to-day activities, and there have been cases where regulatory agencies have abused this power. Administrative law can help these agencies get on the path of following regulations, serve the public, and in turn, a reflection of the public's values and beliefs. There is a need for administrative law because the interest of public could be at risk if various agencies were not following laws and regulations. Administrative law …

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Publications

CSPI: Centre for Science in the Public Interest · 24 October 2022 English

3 for use in cosmetics and externally applied drugs and the provisional listing of the lakes of FD&C Red No. [...] 3 to be a carcinogen when ingested are relevant …

its legislative history allowed for no administrative discretion to permit a carcinogenic color additive’s


Citizen Lab, Munk Centre for International Studies, University of Toronto · 18 October 2022 English

Original Text Proposed Amendment 15.1 (1) If, in the opinion of the 15.1 (1) If, in the opinion of the Governor Governor in Council, it is necessary to in Council, …

liberties of the person unduly dependent on administrative discretion or is not consistent with the rules of


JCCF: Justice Centre for Constitutional Freedoms · 27 July 2022 English

The applicants contend that the identified and specific sections of the impugned PHOs and the restrictions on public gatherings, gatherings in private residences and the temporary closure of places of …

issue is not whether the exercise of administrative discretion that limits a Charter right is correct


LCO: Law Commission of Ontario · 17 June 2022 English

The LCO’s Accountable AI paper considers how to ensure legal accountability when governments and public agencies use AI to make or assist decision-making in the civil and administrative justice systems.1 …

the potential for child neglect and and administrative discretion, entrenching abuse.10 automation bias decisions. Trustworthy AI • AI may reduce administrative discretion and independence, even when there is Many


LCO: Law Commission of Ontario · 15 June 2022 English

The LCO’s Accountable AI paper considers how to ensure legal accountability when governments and public agencies use AI to make or assist decision-making in the civil and administrative justice systems.1 …

the potential for child neglect and and administrative discretion, entrenching abuse.10 automation bias decisions. Trustworthy AI • AI may reduce administrative discretion and independence, even when there is Many


LCO: Law Commission of Ontario · 14 June 2022 English

The LCO’s analysis is informed by legal analysis; multi-disciplinary research; contemporary social, demographic and economic conditions; and the impact of technology. [...] The project brings together policymakers, legal professionals, technologists, …

and and public engagement in provincial administrative discretion, entrenching automation AI systems; bias paucity of performed. cases challenging administrative discretion on • A reasonable and bona fide justification


McMaster Health Forum · 1 June 2022 English

Examining Intersections Between Ontario Health Teams and Home and Community Care

cultural concordance; and staff bias and administrative discretion, eg. white staff refusing to work in predominantly


JCCF: Justice Centre for Constitutional Freedoms · 15 March 2022 English

The Appellants’ Treatment of the Evidence ....................................................11 The Appellants Mischaracterize the Evidence ..............................................11 The Appellants Provide Lay Opinion Evidence .............................................13 The Appellants Rely on Extra-Record Evidence ...........................................13 VI. [...] The …

what is being challenged: an exercise of administrative discretion or a law. In Vavilov, the Supreme Court between cases in which an exercise of administrative discretion is alleged to unjustifiably limit Charter like this one, where the exercise of administrative discretion is alleged to infringe the Charter, the Where a party challenges an exercise of administrative discretion, the appropriate framework for analysis issue is not whether the exercise of administrative discretion that limits a Charter right is correct


MLI: Macdonald-Laurier Institute · 7 March 2022 English

As 19th-century British constitutional scholar Albert Venn Dicey writes in his Law of the Constitution, the rule of law “means, in the first place, the absolute supremacy or predominance of …

power, the Supreme Court has held that administrative discretion is never so absolute that it can be exercised legislation. Instead, the exercising of administrative discretion requires “com- plete impartiality and


International Centre for Criminal Law Reform and Criminal Justice Policy · 1 February 2022 English

The thematic focus of this Guide on forced labour and child labour is intentional and timely given that 2021 is the International Year for the Elimination of Child Labour – …

rely on the exercise of political or administrative discretion are often criticized for the fact that


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