Administrative Law

Tutorial 1 – 21 September 2007

Tutorial 2 – Will be on 12 January 2008

Dr. Brian Foley

Course Materials

Textbook

Course handbook

www.brianfoley.ie – updating process

www.irlii.org

www.irishstatutebook.ie

Assessment

Assignments – Page 82 – Yellow Book

Assignment 1 – 28th November 2007

Discuss the Effect of the Theory of Separation of Powers on the Development of Administrative Law

Assignment 2 – 6th February 2008

What is executive privilege? Explain with reference to case-law?

Exams

3 hours – 4 from 8

Short questions – pay attention to issues flagged in this tutorial as important for study

Lesson 1

Introduction to Administrative Law

Purpose – learn about the origins of control of public administration and how those origins inform our understanding of the law today

History – growth of state regulation

Desire for control over this

Strict Control v Discretion

Public v Private Bodies

Constitutional Right to Fair Procedures

Common law Origins – Dicey

Continental Comparison

Assignment – separation of power – need for control over executive power – think about the theory – legislative control, judicial control? How should the separation of powers influence the law which controls public administration?

Lesson 2

The Rule of Law

Nature of the Rule of Law

How should we understand it?

Dicey’s View

Constitutional Contribution

4 point understanding of it

Balance between power and responsibility

Privileged position of the State and rule of law?

Byrne v Ireland – prerogatives

EXERCISE – Read Byrne extract – outline main points – cut away the rest – what does it tell us about the State?

Lesson 3

Separation of Powers

Theory of Separating Power

Montesquieu – old conceptions – threehold ideas

Irish constitutional provisions – imperfect system? – Melling case

Summary of judicial controls – Crotty

Boundary issues?

Think about assignment…how does separation of powers affect administrative law? When

looking at rest of material in handbook – how is any of it explained by the separation of powers?

Examples – Judicial Power guarded…do you think the judiciary’s willingness to protect its own “sphere” carries over to influence administrative law – control of executive?

Executive Privilege

P 10, 118, 911, 935-952

Murphy v Dublin Corporation

CPO – wanted to figure out why – inspectors report – not disclosed – could the Minister refuse disclosure? HC view – some documents so sensitive for the Minister to decide himself – “category system”

SC – different view…for the COURT to decide…

Ambiorix v Minister for Environment

Supreme Court affirm – government memo’s here…said class system still existed in certain case “in interests of good government” and “proper running…of public service”

SC rejects

Lesson 4

Delegated Legislation - NB

Primary v Secondary Legislation

Article 15.2

The Issue

Democracy at risk? Need for Control?

ASSIGNMENT…ask yourself…does the separation of powers, in any way, affect how widely powers delegated to Ministers and public administrators can be drafted? Has the separation of powers (via the non-delegation

doctrine) increased the likelihood of unaccountable power in the public administration? Nice take to bring to the assignment.

Ultra Vires (Still Lesson 4)

Procedural and substantive UV

Case-examples

Lesson 5

Delegated Legislation 2

Procedures and “Dusty” Law – Statutory Instruments Act, 1947

Committee Scrutiny on Secondary Leg – Assignment 2? Changes in this…? Check out website for updates on this

European Union Issue and Delegated -Legislation NB– again – some updates will follow on this

Lesson 6

Tribunals

Examples of tribunals (not just the “big” ones)

Advantages and reasons for them?

Features of procedures

Constitutional Context - NB some updates to follow here

What are the constitutional issues – limits on powers?

Lesson 7

Inquiries - NB

Overview and procedures

Rights and fair procedures at tribs of Inq

Case-Study

Boylan v Beef Tribunal

Exericse – read Goodman Int v Hamilton [1992] ILRM 145 on tribunals - NB

Lesson 8 and 9

Ombudsman I and II

Overview of functions of the office

Jurisdiction

Scrutiny of reports to see how it works…(lesson 9)

Summary of Focus So Far

Delegated legislation (lesson 4) coupled with European Union Element (lesson 5)

Limits on powers of tribunals – disciplinary tribunals (lesson 6)

Issues with Tribunal’s of Inquiry (lesson 7)

Overriding Issue of “balancing” the need for judicial control with executive and administrative freedom (e.g. Q6, April 2007

Ombudsman (see e.g. Q1, 2006 –both papers, Q2, 2005 – both papers)