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IPA Administrative Law

IPA Administrative Law. Tutorial 2. Timing / Pacing of Course. See supplemental material Class finished on Chapter 11 before break Moving forward on one chapter per class basis (hopefully) Next tutorial – 29/30 March 2008 April 17 th exams begin. Focus.

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IPA Administrative Law

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  1. IPA Administrative Law Tutorial 2

  2. Timing / Pacing of Course • See supplemental material • Class finished on Chapter 11 before break • Moving forward on one chapter per class basis (hopefully) • Next tutorial – 29/30 March 2008 • April 17th exams begin

  3. Focus • Revision of selected past materials • Flagging of important future materials – to be revised in full at tutorial 3 • Comments on Assignments • Guidance on Second Assignment

  4. Assignments

  5. Revision • See sample paper • Key chapters / matters • Chapters 4 / 5 • Chapter 6 • Chapters 8 / 9 • Chapters 10 / 11

  6. Key topics • Non-delegation doctrine • Non-Judicial Controls of delegated legislation • When are tribunals administering justice? • Ombudsman

  7. Key Topics • Original Theory of Jurisdiction • Pure Theory of Jurisdiction

  8. Future Study • Key areas • Chapter 14 – Mandatory and Directory Provisions • Chapter 15 – understand the basis of natural justice

  9. Chapter 16 – Nemo Iudex in Causa Sua • Test of Bias ( p 132) • Particular areas which it arises • Material or pecuinary interest • By reason of personal attitudes, relationships or beliefs • By reason of loyalty to a public body, institution or authority • By reason of prior involvement of prejudgment

  10. Chapter 17- Audi Alterem Partem • Chapter 17 – background to it – when do the rights apply? • Chapter 18 – Particular instances of “rights” found to exist under AAP maxim • Right to notice of case against you • Right to information • Right to be heard • Right to representation • No decision without a hearing • Reasons for a decision

  11. Chapter 20 and 21 – Discretionary Powers • Key focus – Chapter 21 – how courts control use of discretion • Delegatus no potest delegare • Improper purpose / irrelevant considerations • Bad faith • Unreasonableness

  12. Chapter 22 – Legitimate Expectation • Be able to explain when a legitimate expectation can arise in law • Understand Webb v Ireland • Discuss case-law • What if the expectation created is contrary to statute? • Administrative circulars?

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