Administrative law

The Administrative Appeals Tribunal does not have to take the opinion to be correct as in regulation 2.25A, and is not bound by the opinion. Furthermore, if a decision is based upon mistaken facts it may be set aside as has been established in the case of House v R [1936] HCA 40; (1936) 55 CLR 499 (17 August 1936). Moreover the implications are that when the presiding Tribunal for merits review cases, currently the Administrative Appeals Tribunal (Migration and Refugee…

state officials such as Governors. Threatening to withhold a state’s federal road funds so that the Government could get what they wanted done was an improper use of federal authority. The Administrative Procedure Act was created to keep control of the authority that the agencies in charge have. The Administrative Procedure Act governs the procedures that agencies must…

institutions that are the sources of five kinds of law in the US. Describe each institution and the kind of law it produces. (5 points) CONSTITUTION CONVENTION The Constitution is the fundamental or supreme law of the country; it establishes the government, sets forth the principles through which the government operates and designates rights to both the government and the territories that fall within that constitution. Since it’s the supreme law of United States it compromises of fundamental…

Its main influence had been the French civil law until the 20th century where it has been greatly influenced by German civil law. The main Portuguese laws include the Constitution (1976, as amended), the Civil Code (1966, as amended), the Penal Code (1982, as amended), the Labor Code (2003, as amended) and the Commercial Societies Code (1986, as amended). The Commercial Code (1888, as amended) and the Administrative Code (1945, as amended) used to have an high importance in the…

The organizational environment in which managers operate is a governmental system structure based on the federal, state and local law. James Madison in his essay of “The Federalist”, describes the four core elements of the system. There is a separation of powers between the three branches of the legislatives, executives, and judicial offices; there are checks and balances between these branches; there is federalism which is a division of order and responsibilities; lastly “the people” of various…

established before an infringement of freedom of religion is justified. Similarly the Multani decision also provides insight to the proper relationship between administrative decisions and the protection of fundamental rights and freedoms in Canada. Given the Charter the charter has existed for over two decades, both courts and administrative tribunals have not yet clearly defined the exact boundaries between numerous rights and freedoms contained therein. Looking at individual’s rights and…

The Texas Law and the Practice of Psychology (TL, 2016, pp. 2-7) book, confirms that sexual abuse by the mental health provider is considered an illegal and unethical course of action. Sexual abuse can be considered but is not limited to emotional, mental, and the most common form to be reported physical. Sexual abuse is known as the unwanted secual behavior from one person to another. Forms of sexual abuse include but are not limited to rape, stalking, and non-consensual gestures. In the…

Paralegals are important staff members at law firms across the United States. Law work is complex and detailed, and legal experts utilize these professionals to manage the heavy workloads they encounter regularly. Analysts predict that the paralegal career field will grow on par with the national average, with paralegals finding work in many disciplines. Most firms require entry-level paralegals to possess a bachelor’s degree and paralegal certification; however, there are other ways to enter…

According to Aristotle “Rule of law is better than rule of any man”. The rule of law is fundamental to a well-functioning society. It ensures fairness in society and formal equality for all its citizens. In Canada, the Constitution is the supreme law of the land. Any laws or actions of government not in accordance with the constitution are unlawful. This ensures that public officials do not abuse their powers. Historically, Courts have been at the forefront of holding public officials…

disregarded the objective for violations of the right since the statues were not required. Legal pluralism According to Tamanaha, legal pluralism is a situation where “different bodies of law … operate or overlap within the same social field.” There’s ways to better understand the system of legal pluralism:  Law characteristically claims to rule whatever it addresses, but the fact of legal pluralism challenges this claim.”  From the standpoint of a legal authority trying to consolidate…