Taking the part

Wondering whether the establishment of administrative tribunals involves a legislature removing certain functions from the judiciary. How far does an executive domain extend? Broad parameters, provided there is legislative justification?

In legislatively removing adjudicative functions from the judiciary, the executive could be performing those functions directly, but often chooses to favour the legislative creation of nominally independent tribunals. So it is a legislature that takes away elements of a judicial domain, and moves them to an administrative tribunal domain. All with the consent of, and at the initiative of the executive.

Judicial deference to administrative tribunals becomes a form of deference to the executive, from which such tribunals may rarely be said to be completely independent.

Wondering if a no more costly and equally effective world would be one with specialized courts, with specialized, independent judiciary. Similar to how the Tax Court of Canada evolved from processes of quasi-judicial decision-making.

Wazzis babbler…

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About brucelarochelle

Practising Lawyer and Part-Time University Instructor (Accounting, Commercial Law, Organizational Behaviour); Part-Time Federal Tribunal Member. Non-practising Chartered Professional Accountant (Chartered Accountant and Certified Management Accountant).
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