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1 UNIVERSITY OF ALBERTA

Faculty of Business

Department of Marketing, Business Economics & Law

ADMINISTRATIVE LAW BLAW 432 – B1

Winter 2006

Session Lecturer: Edward Gallagher COURSE DESCRIPTION

Note: Policy about course outlines can be found in §23.4(2) of the University Calendar

A. COURSE OBJECTIVES

The objective of this course is for the student to gain and display:

a. an understanding of major principles of Canadian

administrative law with respect to the following subject matters:

i. the role and function of administrative decision makers in Canadian society,

ii. the role and function of administrative tribunals in the justice system,

iii. the procedural principles of law as these apply to administrative decision-makers,

iv. the substantive principles of law as these apply to administrative decision-makers, and

v. the remedies available in administrative law to persons adversely affected by administrative decision-making;

and

b. the ability to critically analyse actual and hypothetical factual scenarios, and apply to them the appropriate legal tests and principles.

B. GENERAL CONTENT

The course will be divided into the following major areas:

a. Introduction:

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2 i. The scope of administrative decision making,

ii. The role and structure of the law and legal institutions in Canadian society, and

iii. Administrative agencies: what they are, and what they do;

b. Fundamental principles of Administrative law:

i. Substantive principles, and ii. Procedural principles;

c. Judicial review of administrative action; and d. Three Agencies in detail:

i. Municipal, ii. Provincial, and iii. Federal

C. DETAILED OUTLINE

A Detailed Course Outline is posted on Blackboard. (This detailed outline will be updated periodically.)

D. REQUIRED TEXTBOOKS AND OTHER MAJOR COURSE MATERIALS

a. Required: There is no required textbook. Required reading will be assigned on an individual class basis as the course

progresses.

b. Recommended: David J. Mullan, Administrative Law(Irwin Law, 2001). The Book Cellar in HUB Mall has a few copies of this book. I am asking that another copy be placed on reserve at the Library.

c. Other materials and resources (including online resources) will be referred to during lectures.

E. ACCESS TO INSTRUCTOR:

a. Office Hours: Fridays, 2:45 – 3:45 pm @ North HUB “Fishbowl”.

First such office hours are on Friday, January 20, 2006.

b. E-mail: [email protected]

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3 c. Blackboard: You may post questions to me through Blackboard.

If it is of general interest, I will post your question, and my answer, on the discussion board.

d. Phone: 967-2550 (Please note that this is my law office

number, and my availability to take telephone calls immediately is normally quite limited.)

F. EVALUATION

a. Evaluation will consist of the following:

i. Mid-term examination. This will be composed of multiple choice and/or short answer questions. It will be

conducted in class on Wednesday, February 15, 2005. It will be 45 minutes in length. It will be worth 30% of your final mark. It is a closed book examination.

ii. Term Paper. You will have the choice of one of three topics on which to write a term paper. The length of the paper will be no more than 12 pages, double spaced (excluding cover page, and including footnotes or

endnotes). It will be worth 70% of your final mark.

The paper topics will be handed out on Wednesday, March 1, 2006, and are due at the beginning of class on

Wednesday, April 12, 2006 (last day of classes).

iii. Final Examination. There is no final examination in this course.

iv. Class participation. Your useful input in class (and through discussion groups on Blackboard) can be

recognized by this element of your mark. It may be used to increase, but not to decrease, your letter grade by up to ½ grade (e.g., C+ to B-, or A to A+).

G. STUDENT CONDUCT

The University of Alberta is committed to the highest standards of academic integrity and honesty. Students are expected to be familiar with these standards regarding academic honesty and to uphold the policies of the University in this respect. Students are particularly urged to familiarize themselves with the provisions of the Code of Student Behavior (online at www.ualberta.ca/secretariat/appeals.htm) and avoid any behavior which could potentially result in suspicions of cheating, plagiarism, misrepresentation of facts and/or participation in an offence. Academic dishonesty is a serious offence and can result in suspension or expulsion from the University.

Referencias

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