Administrative Law Matters

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


The Inexorable Rise of Judicial Review

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


Algorithms, Administrative Law and Administrative Justice

On three occasions this summer the governmental bodies in the United Kingdom have withdrawn or substantially modified decision-making processes which relied on the production of automated decisions by algorithms. In the areas of immigration, welfare and benefit administration, and examination grading, the bodies involved have effected u-turns. Taken together, the three episodes demonstrate the limitations […] Read more


Vavilov Hits the Road

As regular readers will know, I have been maintaining a standing entry on the pan-Canadian rollout of the Vavilov framework for judicial review of administrative action. An official version of “Vavilov Hits the Road” appeared as a supplement to Colleen Flood and Lorne Sossin eds., Administrative Law in Context (3rd ed., 2018): download it here. […] Read more


Judicial Review, Judicial Independence and Cabinet Confidentiality: British Columbia (Attorney General) v Provincial Court Judges’ Assocation of British Columbia, 2020 SCC 20

Last week’s Supreme Court of Canada decision in British Columbia (Attorney General) v. Provincial Court Judges’ Association of British Columbia, 2020 SCC 20 is most important for what it says about some relatively niche issues of Canadian public law but it also touches on broader matters, such as the relationship between procedure and substance in […] Read more