JSS Barristers has extensive experience in regulatory and administrative legislation, together with Commission and Board Hearings. The latter, which I believe would come with both procedural rules strictly speaking and those guiding the administrative resolution-makers’ thought course of (such because the prohibition on taking irrelevant concerns into account or acting for an improper goal), form an necessary a part of administrative regulation.
Linklaters’ pan-European expertise is lengthy-standing in all fields of regulatory, administrative and environmental regulation aspects, together with State help , public procurement as well as urban planning In addition, we advise on issues associated to international investments and attainable limitations to enter the French market.
While administrative determination-making bodies are often controlled by bigger governmental models, their choices could possibly be reviewed by a court of common jurisdiction under some precept of judicial overview primarily based upon due process (United States) or elementary justice (Canada).
It could possibly be tempting in the Canadian context to say, as Hamburger does within the American, that the vesting of power in administrative tribunals in some way deprives the constitutionally protected courts of their powers of adjudication and interpretation of legislation.
And not all administrative tribunals are flexible” (whatever meaning), fast, and price-efficient, like the Court docket seemed to think in Edmonton East As an example, the wait time for a refugee hearing before the Immigration and Refugee Board is currently 20 months.