Chapter 3: The Foundation of Administrative Law

Failure of an official or agency to carry out a statutory function that is has a duty to perform

The power of a government official or agency to choose a course of action from among a variety of options available under the law.

In relation to the actions of a statutory decision-maker, refusing to consider and option that is available under the law, or refusing to consider any factor that is relevant to the choice of an option, when making a decision that affects a persons rights or interests

The common law rule that agencies have whatever additional powers are necessarily incidental to their explicit powers; a court will find these powers by necessary implication only where the jurisdiction sought is necessary to accomplish the objectives of the legislative scheme and is essential to the body fulfilling its mandate

The common law rule that an agency has an inherent power to utilize procedure that is reasonably necessary to carry out its statutory functions even if that power is not explicitly set out in a statue.

Bias or the appearance of bias on the part of the group of decision makers in an agency, or of the agency as a whole, arising from aspects of the agency's structure or functions in accordance with the principles of administrative law

The exercise by a superior court or other court granted authority by statue of its supervisory authority over ministries and other government agencies by reviewing whether they have carried out their functions in accordance with the principles of administrative law.

The scope of the authority or powers conferred on a government body or official by legislation or by common law.

The principle that public officials who create the expectation of a certain result, or an expectation that a certain practice or procedure will be followed, should not be able to change that result, practice, or procedure where the change will have an adverse effect without first notifying those who will be affected & giving them an opportunity to comment on the proposed change

A body rules or set of principles of fair procedure that tribunals must follow

An implication so probable that it would be unreasonable to draw any other inference from the facts.

The requirement that a decision-maker acting under a statutory power of the decision must give any person whose rights, privileges, or interests may be affected by a decision reasonable notice of the intended decisions and the reasons for it, and an opportunity to respond, and must be impartial, even if the functions of the decision-maker is not quasi-judicial in nature

In relation to a power or authority that a statute has delegated to a particular person, the act of delegating that power or authority to another person.