Definitions of Administrative Law (Canada)

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 …

Functions of Tort Law Cours

Remember, 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.

What are Treaties? (Canada)

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 …

Federal Courts Act and Rule of Law (CANADA)

Federal Courts Act s 2(1): “federal board, commission or other tribunal” means any body, person or persons having, exercising or purporting to exercise jurisdiction or powers conferred by or under an Act of Parliament or by or under an order made pursuant to a prereogative of the Crown, other than the Tax Court of Canada …

Two main approaches to international law: positivism and naturalism

Historically, there are two main approaches to international law: – Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law …

Opinio Juris Brief Notes

In international law, opinio juris requires evidence which usually comes from resolutions. For example, general assembly resolutions. However, just because there is a general assembly resolution, does not mean that the resolution is law itself. There has to be state practice connected to the resolution. In international law general assembly resolutions must be approached with …