Can a statutory tribunal disapply the law? The question arises in respect of constitutional challenges to legislation and, in the European Union, in respect of claims that domestic law contravenes norms of E.U. law. The recent decision of the Court of Justice in Minister for Justice and Equality v Workplace Relations Commission C-378/17 on a preliminary reference […] Read more

My blogging year has been dominated — almost bookended, even — by two symposiums, one (held jointly with Double Aspect) to mark the tenth anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick (see here), and another on a United Kingdom Supreme Court appeal concerning ouster or privative clauses, published on Administrative […] Read more

In a previous post, I complained about the approach the Irish courts have taken to the scope of the obligation on the Oireachtas (the Irish Parliament) to transpose certain measures of E.U. law into domestic law. These concerns are underscored by the decision of the Supreme Court in O’Sullivan v Sea Fisheries Protection Authority [2017] […] Read more

Mine this time, following from Professor Macklin’s provocative post last week. Having tuned in for the oral arguments, I am slightly more optimistic about the Supreme Court of Canada’s endeavour than I was before the hearing. The judges certainly asked pertinent questions over the three days and homed in on the methodology of reasonableness review […] Read more