Chapter 3 - Government Regulation and the Environment
Terms
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- Legislative Branch
- Parliament, legislatures including the cabinet and Prime Minister or Premieres consitute legislative branch
- Judicial Branch
- Courts and officers of the courts constitute judicial branch of government
- Executive Branch
- The Queen, acting through the Prime Minister, cabinet, deputy ministers and all officers, agents and employees of the government
- Administrative Law
- The rules and regulations governing the function and powers of the executive branch
- Regulators
- Government agencies including ministries, departments, boards, commissions
- Judicial Review
- Power held by the courts to review decisions made by administrative decision-makers
- Ultra Vires
- Beyond the jurisdiction, power or authority of a decision-maker or law-maker
- Jurisdiction
- Limitations placed on the power of an officer or agent of the government
- Regulations
- Supplementary rules passed under the authority of a statute and having the status of legislation
- Golden Rule
- Rule for interpreting a statute requiring that the normal meaning of the terms be applied
- Mischief Rule
- Rule for requiring that an ambiguous term be interpreted in the most reasonable way or according to the intention of the Act
- Strict Interpretation
- Courts need only apply legislation where the meaning is clear
- Interpretation statutes
- Statute terms that direct the court to interpret legislation in specific ways
- Principles of fundamental justice
- Principles set by tradition and convention that protect the right to a fair hearing by an impartial decision-maker acting in good faith
- Fair Hearing
- Persons affected negatively by a decision has a right to recieve proper and timely notice of all the matters affecting the case and be given a change to put forward their side
- Heard by Decision-maker
- All the evidence must be heard by the individuals making the decision
- Good faith
- the decision-maker must act with honesty and integrity
- Bias
- The decision-maker must be impartial and have no personal interest in the decision
- Appeal
- A formal process whereby a higher court will reexamine a decision made by a lower court
- Authority
- The right or power to act or to make a decision
- Procedural Fairness
- The hearing must follow accepted standards
- Abuse of Power
- Actin beyond the jurisdiction set out in the legislation or making an unreasonable decision
- Error of Law
- Incorrectly stating the legal interpretation or effect of the statute or common law
- Error of Fact
- Making incorrect conclusion with respect to the facts in the matter dispute
- Prerogative writs
- The remedies the court may apply if it finds that an administrator has acted beyond its jurisdiction, made an unreasonable decision or not followed the rules of natural justice
- Habeas Corpus
- A court order to release a person being unlawfully detained
- Mandamus
- A court order directing that a specifc act be performed
- Certiorari
- A court order overtunrning a decision, making it null and void
- Prohibition
- An order not to proceed with a hearing or other administrative process
- Quo Warranto
- Prerogative right to challenge the right of a person to hold public office
- Declaration
- The power of the court to declare what the law is in any matter brought before it
- Injunction
- An order to stop offending conduct
- Privative Clause
- Terms in a statute that attempt to restrict the right of judicial review
- Riparian Rights
- The common law right to have water flow free and clear of pollutants
- Devolution of Powers
- The process of transferring power from one level of government to another
- Site Audit
- The process of examining a site to determine its state of environmental contamination
- Compliance Audit
- The process of entering, inspecting, and investigating private property to ascertain that owners are living up to environmental standards
- Due Diligence
- The requirement that a person do all that is reasonably possible to prevent pollution or destruction of the environment
- Stop Orders
- An order to stop offending conduct
- Deregulation
- Agencies created to monitor and enforce environmental protection standards are dissolved and coporations are encouraged to self-regulate.