Asked by Natalie Montalvo on May 04, 2024
Verified
In determining whether or not the decision of an administrative tribunal is subject to judicial review, which of the following would not be a relevant question?
A) Did the tribunal make the same decision that a court would have made?
B) Is the statute that created the tribunal ultra vires under the Constitution Act, 1867?
C) Is the statute that created the tribunal consistent with the Charter of Rights and Freedoms?
D) Is the tribunal acting within the power given to it by statute?
E) Did the tribunal follow the rules of natural justice?
Judicial Review
The doctrine under which legislative and executive actions are subject to review by the judiciary to ensure they comply with the constitution.
Administrative Tribunal
A governmental body with quasi-judicial powers, tasked with resolving disputes, adjudicating on rights, and administering justice in administrative matters.
Ultra Vires
Acts or decisions made by an entity that are beyond the scope of its powers as defined by its legal or constitutional documentation.
- Discern the authority and limitations of administrative tribunals and their relation to judicial review.
Verified Answer
HC
Huber CoelloMay 06, 2024
Final Answer :
A
Explanation :
The question of whether a tribunal made the same decision that a court would have made is not relevant to determining if its decision is subject to judicial review. Judicial review focuses on legality, jurisdiction, and adherence to principles of natural justice, not on mirroring court decisions.
Learning Objectives
- Discern the authority and limitations of administrative tribunals and their relation to judicial review.