Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

Comments

And Now, Live from the Public-Private Divide…R (Liberal Democrats and Scottish National Party) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin)

Britain is currently in the throes of a general election in which, an unkind Transatlantic observer might say, the question for many voters is ‘who is the evil of two lessers?’ It is quite likely, indeed almost certain, that Boris Johnson or Jeremy Corbyn will be occupying 10 Downing Street come January 1, 2020, notwithstanding […] Read more

Comments

Some Thoughts on Doyle & O’Brien, Reimagining Administrative Justice: Human Rights in Small Places

In Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) Margaret Doyle and Nick O’Brien have made a wonderful contribution to the public law literature. By turns playful, polemical and provocative, the authors set out to challenge much of the received contemporary wisdom about administrative justice. Their motive is to fight back against […] Read more

Comments

Human Rights in Administrative Decision-Making I: Discretion and Judgement in Statutory Interpretation

Last month I gave a talk at the Journal of Commonwealth Law’s symposium on Human Rights in Administrative Agencies at the Université de Montréal, entitled “The Inevitability of Administrative Discretion and What it Should Mean for Human Rights”. Here’s the abstract: Given the vagaries of language and life there is no such thing as “clear” […] Read more

Comments

Administrative Tribunals and Constitutional Independence: Walter v BC 2019 BCCA 221

The constitutional status of tribunal independence was squarely in issue in Walter v. British Columbia.[1] Controversy arose about the remuneration of the Chairperson of the British Columbia Review Board. Each Canadian province has a Review Board to make or review dispositions in respect of accused persons found Not Criminally Responsible by reason of Mental Disorder, […] Read more