- Write a research paper on one of the following topics.
Offer a critical overview and assessment of the evolution of the Threshold in Canadian and British Administrative Law. Why does the Threshold exist and how has it evolved since the Victorian era? Has this evolution been beneficial to those subject to state action or has it served to weaken the ability of governments to make efficient decisions? Does the Threshold need to be liberalized even more so now? if so, how and why? If not, why not? Illustrate your essay with relevant cases and legal analysis.
Do the principles of Natural Justice and Fairness guarantee a person subject to Administrative Law decision-making the Right to Counsel? How has this right evolved in British and Canadian Administrative Law and does this developing jurisprudence show governmental decision-making becoming more fair, or more legalistic? Does the Right to Counsel extend to disciplinary proceedings in Canadian prisons? Should it? Illustrate your essay with relevant cases and legal analysis.
Offer a critical overview and assessment of the evolution of the concept of Bias in Canadian and British Administrative Law. Why do rules against biased decision-making exist and how and why have these rules been expanding? But is bias always easily discerned? Do inappropriate comments or behaviours of decision-makers always constitute bias in law? And should the rules of Bias extend to institutional bias? If so, how and why? If not, why not? Illustrate your essay with relevant cases and legal analysis.
Offer a critical overview and assessment of the evolution of Error of Law jurisprudence in Canadian and British Administrative Law. Should quasi-judicial administrative agencies be able to render final determinative decisions on the nature of Administrative Law in their fields of jurisdiction through the role of privative clauses or can and should courts always have the ability to oversee such decisions? Illustrate your essay with relevant cases and legal analysis.
Critically compare two leading decisions of the Supreme Court of Canada – C.U.P.E ., Local 963 v. New Brunswick Liquor Corp., 1979 2 S.C.R. 227 and New Brunswick (Board of Management) v. Dunsmuir, 2008 1 S.C.R. 190. Was C.U.P.E and the “Not Patently Unreasonable” Test the Low-Water Mark for judicial review in Canada, as Jones and De Villars suggest? Or was C.U.P.E a just decision, as argued by Harten, Hechman, Mullan and Promislow, but then weakened by subsequent Standard of Review jurisprudence, especially Dunsmuir? Has Dunsmuir improved Canadian Administrative Law? Illustrate your essay with relevant cases and legal analysis.
With respect to all essays, you must make use of relevant cases and legal analysis found in the course text, Jones and de Villars, Principles of Administrative Law, 6th ed. Students are also encouraged to make use of the supplementary text by Harten, Hechman, Mullan, and Promislow, Administrative Law: Cases, Texts, Materials, 7th ed., available in the CBU Library, Short-Term Reserve. Use of this latter text is mandatory for students writing on topic #5.
4500 words (15-20 double spaced pages)
