There are many branches of law that sometimes bewilder the layman. The field of law is an ever-evolving field, steeped in the ancient history of litigation. In such cases, it helps to have a talented litigator to help guide you through such law mazes.
One branch of law is administrative law. What we’ll focus on today is what exactly this field of law is. In addition to this, we’ll dig into why it’s important by citing a specific use of this section of law.
What is administrative law?
At its most basic level, administrative law is the part of the law that governs the activities of administrative agencies in government. Any government agency action can include rulemaking, adjudication, or enforcement of a specific regulatory agenda. One example of this type of law includes the regulation and operation of government offices in the United States such as the Social Security Administration.
In Canada, the Supreme Court of Canada provides the basis through which administrative decision-makers (ADMs) are held to account. The Court will actually review the actions of these ADMs to make sure judgments are provided where the Canadian government is held to account. Senior counsel such as the esteemed and tenured Canadian lawyer Malliha Wilson will take on administrative law cases to keep the Canadian government in check.
You’ll find many case files in clerk’s offices showing the arguing of such cases in many district courts across the nations, in some cases going as high as the Ontario Court of Appeal. Experienced litigators such as Ms. Wilson (herself a former Assistant Deputy Attorney General of the Government of Ontario) help to keep government agencies in check so that the administrative law isn’t abused.
Why is administrative law important?
Many countries such as Canada and the United States require checks and balances on their government agencies. For instance, think of a private institution like a hospital. Though all of these places seek to provide patients with the best care possible, this isn’t always the case. Sometimes negligence rears its head in an emergency room, or an urgent care location. Maybe a primary care physician on staff for that day you head to the emergency room isn’t qualified to provide you with treatment.
You’re already concerned about the costs of going to urgent care. Now you must worry about being improperly treated. Maybe you’re at the emergency room for chest pain, a broken bone, the flu, or maybe you require stitches. If an accident happens, there are malpractice laws that support you.
Administrative law acts in much the same way, protecting you from the mistakes of government agencies. Let’s use the example of the Magnitsky Act in Canada. In 2017 the Canadian Parliament passed the Magnitsky Act. This piece of legislation was titled the “Justice for Victims of Corrupt Foreign Officials Act.” The law states that uphold human rights are adhered to by those foreign officials who wish to work with the Canadian Government. Through complex litigation, Ms. Wilson used this law to further assist in her fight for the human rights of Canadian citizens.
Her approach to the application of this form of administrative law explains that no governing authority or official can deal with anyone who is opposed to the Magnitsky Act. She continues to utilize such complex litigation in her fight for human rights for groups like the Tamils. This accomplished member of the South Asian Bar Association uses administrative law to take on the important task of rooting out government agencies and offices which practice human rights atrocities. Ensuring the human rights of citizens in Canada and across the world is why administrative law is important.
How do you find an administrative law attorney?
The best place to find an administrative law attorney to work on your behalf is by scouring the internet. Find someone who can handle such complex litigation as the law firm of Nava Wilson LLP. If you’re filing a lawsuit against a specific Ontario government agency, find that senior counsel who will fight strongly on your behalf.
Find a special legal advisor to walk you through the process of finding which court case documents and rulings are available to the public that can help your case. Locate a lawyer who will provide your case with the same level of care which they would bring to any case. Once you find such an attorney, you’ll be good to go.