Administrative actor: subject to the principles of admin law. Includes persons or bodies that exercise statutory or prerogative power. Boards, tribunals, etc are usually given authority pursuant to statute.
Judicial review: administrative actors are subject to judicial review. It is part of public law where superior courts under s96 engage in surveillance of lower tribunals to ensure they are acting legally. S96 courts derive their power from s96 of constitution, hence the name. The role of s96 courts in judicial review is part of their inherent authority. Federal courts operate differently they operate as equivalent as s96 court however they have statutory power, not inherent power. When they invented federal courts they took some powers that should belong to s96 courts and gave them to federal courts.
Sample cases where judicial review does or does not apply.
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In Canada, depending on the province where you reside, there are certain benefits that your insurer has to pay to you after you’ve been in a car accident. Often referred to as the ‘Section B’ insurer, insurance has to pay certain benefits. Generally speaking, there are both income loss and medical expense benefits that are potentially payable. An often overlooked entitlement under the Section B benefits in Alberta is the right to claim $135 a week if you are not employed and are unable to perform your household duties. This is often referred to as the ‘homemaker’s benefit’. The relevant section of the policy reads as follows :
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Most people have heard of whiplash, but few actually know exactly what it is and how severe it can be. Essentially, whiplash is the stretching of the ligaments in the head, neck and shoulders. In medical terms, this is called “hyperextension” or is often referred to as a “sprain”. The most common cause of whiplash is after a road traffic collision, when the seatbelt keeps your body still, but your head is thrown forward.
In most cases, whiplash only lasts for a few weeks or months. However, around 15% to 20% of people who suffer whiplash go on to experience long-term chronic pain. In addition, even if symptoms of whiplash do stop, it doesn’t mean the head or neck ligaments are fully repaired and even a small jolt could bring on the symptoms again.
Continue reading “The Symptoms of Whiplash and Possible Side Effects”
In tort law if you come from the perspective of the economist then judges behave ‘as if’ they were setting precedents that discourages negligent behaviour. There are two primary approaches:
1) ex ante: precedent used as deterrent,
2) ex post: used to compensate victims.
Continue reading “Tort Law Approaches in Economics”
ex ante: the effect that decisions in this case will ahve on future behaviour (punish the tortfeasor).
ex post: ignores future behaviour, observes equitable distance between two parties (compensation of victims).
2 Functions of Tort Courts:
1) Determine Liability: who pays
2) Damages: how much they pay.
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Here’s a fund overview. Over the past year the search terms containing the broad term ‘law’ in the United States have revealed a few interesting shifts.
– Given the pandemic year, COVID-19 made a lot of anti-maskers and anti-vaccine conspiracy theorist search the web for legal options. “Anti-mask” law was a exponentially higher search term (that really didn’t exist prior to 2020).
– The term ‘martial law’ saw a one day dramatic increase on, you guessed it, January 6th, 2021, or Insurrection Day.
– Lastly, with the legalization of cannabis across states, many are searching for updates regarding both State level and federal legalization.
-Source all from Google Trends
States can make treaties and international organizations can make treaties. For example, there is a treaty between the UN and Cambodia to establish the special criminal tribunal.
What are treaties? Treaties are instruments that establish international rights and obligations. Treaties go by many names: conventions; memorandums, etc. at the root at ii if it’s a binding instrument subject to international law then it’s a treaty.
Where does the legal weight of treaties come from? Pacta servanta – there ought to be an obligation amongst states to adhere to their treaty obligations.
The main critiques of Customary International Law are that the two requirements of state practice and opinion juris are too simplistic. There is not enough guidance from scholarship vis what is meant by these two requirements. Customary IL is in the ‘eye of the beholder’. There is no reason for the rule of custom or lack thereof. The science of customary law is lacking. Guidance from ICJ is vague. Opinion juris is also vague.
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Here is a broad overview of various topics in labour and employment law. This would come out predominantly from a Canadian context.
If you work for somebody, then by definition you have an employment contract, i.e. the common law contract of employment. Generally, there is an explicit contract written out between employer and employee, other times the contract is just implied to exist at common law. The common law contract of employment is basic which is why employees prefer to negotiate a collective bargaining agreement. That being said, the courts have attempted to build a “floor of rights” into the common law contract of employment. A barrier they have encountered is that there is no room for the common law and statute to develop in tandem, i.e. if a right is covered as per statute then that right cannot exist at common law.
The common law contract of employment is poor because at common law there aren’t many developments that create substantive or procedural rights for employees, there is a huge imbalance of power between employers and employees which undermine the freedom to contract; civil litigation is a costly and time-consuming process.
The basis of the Nicaragua case: what happens when there is the same rule of law in customary law and treaty law.
1. COEXISTENCE The main conclusion from this case is that the two sources of law can continue to co-exist. Just because a norm also exists in treaty law, does not mean that the source from customary law is not extinguished. For example the law of use of force flows both from treaty law and customary IL.
2. TREATY –> CUSTOM Treaty activity can constitute state practice for the formation of a customary norm. One has to be very clear in analyzing state conduct whether states are only acting under their treaty obligations or whether adherence to treaty obligations has grown to include opinion juris and broader state practice. A good example of this is UNCLOS (UN convention on law of high seas). A lot of UNCLOS provisions have become customary IL. States that are not part of UNCLOS are bound by some of the provisions of the Convention. For a treaty to create custom you need non treaty parties acting as if they are bound by the treaty.
3. CUSTOM –> TREATY custom can be restated in a treaty format. When a treaty codifies customary IL, the treaty is restating customary IL.
4. CONTRACT –OUT A treaty can be used to contract out of customary IL. There are however certain obligations that no state can contract out of i.e. jus cogens norms.