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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MLI · 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


Center for Interuniversity Research and Analysis on Organizations · 13 December 2021 English

The ideas and opinions expressed in this publication are the sole responsibility of the authors and do not necessarily represent the positions of CIRANO or its partners. [...] The standard …

that require complex legal judgment or administrative discretion. More sophisticated approaches based on


JCCF · 19 November 2021 English

Because the breach in issue was the result of the exercise of contractual discretion, rather than the result of a statute or an exercise of a statutory discretion, neither the …

the issue is whether the exercise of administrative discretion that limits a Charter right is reasonable


Uniform Law Conference of Canada · 2 September 2021 English

If representativeness and impartiality and administrative efficiency are the principles to guide reform, how can this be achieved in changes to the law and the administration of the jury system? …

can be scrutinized for any abuses of administrative discretion will also assist in ensuring more representative subject to audit to detect any abuse of administrative discretion that should exist. The challenge to array


Office of the Auditor General of Ontario · 4 December 2020 English

6 OVERALL RESPONSE FROM ering high quality services to the public and the THE BEREAVEMENT AUTHORITY bereavement sector, and to that end, we will be OF ONTARIO undertaking all of …

Minister’s requirements prescribed under the administrative discretion under the administrative agreement, the


desLibris · 2020 English

We believe there is both a need and an opportunity to develop a made-in-Canada approach to federal data policy – one that strikes an appropriate balance between market forces and …

authorities sweeping order-making powers and administrative discretion to issue fines worth up to four per cent


desLibris · 2020 English

For example, section 17 would not currently permit the adaptation of provisions regulating any aspect of the Register of Electors, or the candidate nomination process, or to protect the health …

Chief Electoral Officer has neither the administrative discretion nor the power to adapt provisions setting


BC Treaty Commission · 25 June 2019 English

the provision will be severable from the Treaty to the extent of the invalidity or unenforceability and the remainder of the Treaty will be construed, to the extent possible, to …

operation of law, including by exercise of administrative discretion, British Columbia will not issue a guide


desLibris · 2019 English

For instance, the OECD has encouraged Canada to “[r]eview the tax system to ensure that it remains effi cient—raising suffi cient revenues to fund public spending without imposing excessive costs …

interpretation are also necessary as well as more administrative discretion in decision-making. In areas of tax


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