Administrative Law: Assignment 1

Charlotte Peck
Course Code: PLBA 2001
Professor: Albert Ferranti
Date: November 3, 2015

Procedural fairness applicable to administrative tribunals

Administrative Law:
I chose to speak on the procedural fairness applicable to administrative tribunals.
Administrative law is a branch of law governing the creation and operation of administrative agencies. Administrative tribunals are concerned with the law governing the implementation of public programs specifically where they have the most immediate impact on people. The power delegated to administrative tribunals to regulate governmental power was created by a statute. Meaning a statute was created that authorized powers to administrative tribunals by designated actors. Administrative law is a set of principles and concepts common to all these different areas of law: Human
Rights, Immigration, Law society, Health and etc..

Procedural Fairness:
Procedural fairness otherwise known as ‘Natural Justice’, is an implied common law duty to act fairly in decision-making by exercising statutory powers which may affect individuals right. It is more concerned with the procedures used by the decision-maker, rather than the actual outcome reached. The requirements for procedural fairness have developed primarily through the common law. Procedural fairness requires a fair and proper procedure when making a decision. The rules of procedural fairness are enshrined in the two latin principles: ‘audi alteram partem’ and ‘nema judex in causa sua’. Audi alteram partem translates into let the other side be heard. It requires a

decision maker to inform person of the case and give them opportunity to be heard. This is the principle where no individual affected by a decision should be judged without a fair hearing in which each party is given the opportunity to respond to