Courts around Canada are beginning to apply the Vavilov framework. It is still (just about) too early to draw any firm conclusions. Nonetheless, even at this early stage in the life of Vavilovian judicial review there have been some interesting decisions. I have cbeen coming back to this post periodically to update it with significant […] Read more

In Prospect Magazine, I have a piece entitled “The inexorable rise of judicial review“, discussing the UK’s Independent Review of Administrative Law. Here is an extract, discussing the complex background to the Review: We should begin by noting that the period of development since the middle of the 20th century has been marked by procedural […] Read more

This is an excerpt from my forthcoming article, “The Appellate Standard of Review in Public Law Cases“. Download it here from SSRN. I blogged in 2018 on the English (AR) and Australian decisions (SZVFW) mentioned below. In the previous section, I described the broader context surrounding the decisions in AR and SZVFW. I suggested that […] Read more

This is an excerpt from my forthcoming article, “The Appellate Standard of Review in Public Law Cases“. Download it here from SSRN. The Canadian approach to appellate review in public law cases resembles the approach robustly defended by the High Court of Australia in SZVFW.[1] An appellate court must step into the shoes of the […] Read more

I have posted my paper, “The Appellate Standard of Review in Public Law Cases” to SSRN. It will be published next year in Public Law. Here is the introduction: The goal of this paper is to conduct a comparative discussion of the issue of the appellate standard of review in public law cases. On this […] Read more