This afternoon I completed the Index for Understanding Administrative Law in the Common Law World, forthcoming later this year with Oxford University Press. I sent the proofs to the publishers last week, so the book should meet the target release date of August 2021. You can pre-order the hardcover version here. Here is the brief […] Read more
Here is the latest post in the series celebrating the 50th anniversary of the Kerr Report, cross-posted from the Australian Public Law Blog. This series celebrates and analyses the ‘new administrative law’ as it has developed in Australia since the Kerr Committee’s report 50 years ago. The focus of this blog is the Commonwealth Ombudsman. […] Read more
Policies, guidelines, operational manuals and soft law instruments are pervasive in contemporary public administration. But when can an applicant challenge a soft law instrument as unlawful on the basis of illegality, irrationality or procedural unfairness? The UK Supreme Court considered this issue in detail in two recent decisions, setting out the principles in R (A) […] Read more
One of the first conferences I attended on my return to Canada in 2019 was organized by the Canadian Group for the Study of Parliament. I presented a paper entitled “The Generation and Guardianship of Constitutional Principles“, which I am pleased to say will feature in a special edition of the Revue générale de droit. […] Read more
In a series of recent decisions, the Supreme Court of Canada has erected a divide between public and private law. First, judicial review of private organizations was restricted in Wall (see here), a restriction subsequently extended to judicial enforcement of private organizations’ constitutive documents in Aga (see here). Second, the appropriateness of judicial review of […] Read more
