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

LCO · 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 · 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


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


MQUP · 15 June 2021 English

Over the two decades following the Second World War, the policy that would create "a nation of immigrants," as Canadian multiculturalism is now widely understood, was debated, drafted, and implemented. …

1906 statute suggested how this broad administrative discretion would be exercised. Section 30, for exam- to allow for the kind of unfettered administrative discretion that was being contemplated. Kelley and seventy-five years into a system based on broad administrative discretion, exclusion- ary rules and practices, and


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


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