What is Professional Discipline? Professional discipline is the process by which professional associations investigate and adjudicate complaints against their members. Its purpose is to protect the public from unprofessional conduct and to maintain the integrity of the profession.
What is Administrative Law? Administrative law is the body of law that governs the decision-making of government agencies and tribunals. It is intended to ensure that these agencies and tribunals exercise their power fairly and lawfully.
| Characteristic | Professional Discipline | Administrative Law |
| Purpose | To protect the public from unprofessional conduct and to maintain the integrity of the profession | To ensure that government agencies and tribunals exercise their power fairly and lawfully |
| Who enforces it? | Professional associations | Government agencies and tribunals |
| What types of decisions are subject to it? | Decisions made by professional associations about their members | Decisions made by government agencies and tribunals |
| What are the remedies available? | Sanctions imposed by professional associations, such as reprimand, fine, suspension, or expulsion | Judicial review (Asking the court to change the decision of the agency or tribunal) |
How Administrative Law Applies to Professional Discipline
Although professional discipline is generally governed by legislation that sets out the specific powers and procedures of professional associations, administrative law also plays a role. For example, administrative law principles can be used to challenge the decisions of professional associations. If a member believes that they have been treated unfairly or that the professional association has exceeded its authority, they can apply to a court for judicial review, which is like an appeal.
This article is for informational purposes only and is not legal advice. Contact us today to discuss your specific situation.