Powers And Procedures For Administrative Tribunals In Alberta

Existing legislation governing the procedures of adjudicative tribunals in Alberta is not up to date and limited in its coverage. The purpose of this report is to provide procedural rules that take into account case law developments relative to the requirements of natural justice and new procedures to enhance efficiency & effectiveness, and to make the rules available to all tribunals. The first chapter sets out the shortcomings of the existing legislation the Administrative Procedures Act, and the steps taken to develop a modernized Model Code of powers and procedures. Chapter 2 sets out principles on which the Code provisions are based. Chapter 3 contains recommendations with regard to the Code implementation process. Chapter 4 contains the Model Code itself in four sections: pre-hearing procedures, hearing powers & procedures, tribunal decisions & reasons, and miscellaneous powers. The final chapter contains draft legislation for adopting the Model Code.

This review of tribunals, the first for 44 years, examines the 70 different administrative tribunals in England and Wales. They deal with over a million cases a year, employ over 3500 people, and have become a substantial part of the system of justice. Yet, of the 70, only 20 each hear more than 500 cases a year; others are defunct; the quality of their work is variable; and cases take too long. The review has as its four main objectives: (1) to make the 70 tribunals into one Tribunals Service; (2) to make the tribunals independent of their sponsoring departments; (3) to improve the training of chairmen and members in the interpersonal skills required; (4) to enable unrepresented users to participate effectively and without apprehension in tribunal proceedings. The new Tribunals Service would provide a coherence essential if tribunals are to acquire a collective standing to match that of the court system. But there is also a basic need for a change in culture, with a greater focus on the users' needs, and swifter administration based on informality, simplicity, efficiency and proportionality. Without this culture change, the Review questions how tribunals can, as presently administered, find the independence, coherence, economies of scale, consistency, professionalism or IT, to which users are entitled.

’Inquisitorial processes’ refers to the inquiry powers of administrative governance and this book examines the use of these powers in administrative law across seven jurisdictions. The book brings together recent developments in mixed inquisitorial-adversarial administrative decision-making on a hitherto neglected area of comparative administrative process and institutional design. Reaching important conclusions about their own jurisdictions and raising questions which may be explored in others, the book's chapters are comparative. They explore the terminology and scope of the concept of inquisitorial process, justifications for the use of inquiry powers, the effectiveness of inquisitorial processes and the implications of the adoption of such powers. The book will set in motion continued dialogue about the inherent challenges of balancing policy goals, fairness, resources and institutional design within administrative law decision-making by offering theoretical, practical and empirical analyses. This will be a valuable book to government policy-makers, administrative law decision-makers, lawyers and academics.

To understand how the legal system works, students must consider the law in terms of its structures, processes, language, and modes of thought and argument—in short, they must become literate in the field. Legal Literacy fulfills this aim by providing a foundational understanding of key concepts such as legal personhood, jurisdiction, and precedent, and by introducing students to legal research and writing skills. Examples of cases, statutes, and other legal materials support these concepts. While Legal Literacy is an introductory text, it also challenges students to consider critically the system they are studying. Touching on significant socio-legal issues such as access to justice, legal jargon, and plain language, Zariski critiques common legal traditions and practices, and analyzes what it means “to think like a lawyer.” As such, the text provides a sound basis for those who wish to pursue further studies in law or legal studies as well as those seeking a better understanding of how the legal field relates to the society that it serves.