I have posted an extended note on the UK Supreme Court’s decision in R (Miller) v Secretary of State for Exiting the European Union on SSRN. My analytical framework is the one I developed in this post, which I wrote between the first-instance and Supreme Court decisions. I was initially quite positive about the Supreme […] Read more

One of the tasks that is occupying my time at present is the preparation of the next edition of Hogan and Morgan’s Administrative Law in Ireland. I contributed to the previous edition and will co-author the next. I drafted the passage below to try and provide a general explanation of why the Irish law on […] Read more

Professor Aditya Bamzai has a fascinating piece in the Yale Law Journal entitled “The Origins of Judicial Deference to Executive Interpretation“: Judicial deference to executive statutory interpretation—a doctrine now commonly associated with the Supreme Court’s decision in Chevron v. Natural Resources Defense Council—is one of the central principles in modern American public law. Despite its […] Read more

Francophile readers might be interested in a post I contributed to the Blogdroiteuropéen on the law and politics of Article 50, concentrating on the difficulties of ensuring the status of EU nationals in the UK; the Irish question; and the difficulties of negotiating a UK-EU free trade agreement: Les deux prochaines années s’annoncent houleuses pour […] Read more

Robert Thomas and Joe Tomlinson have an excellent post entitled “A Design Problem for Judicial Review: What we know and what we need to know about immigration judicial reviews“: The policy issue here is, at its core, about the choice of appropriate redress mechanism. Some immigration-related grievances will be suited to judicial review because they […] Read more

I recently gave a talk to a group of clerks and judges at the Federal Court of Canada on the subject of updating the adjectival law of judicial review of administrative action. Here is the abstract: The substantive law of judicial review of administrative action has grown in leaps and bounds in recent decades. However, […] Read more

I was not looking forward to the Supreme Court of Canada’s decision in Green v. Law Society of Manitoba, 2017 SCC 20 with any great excitement. I suspected that Court would resolve the case narrowly, as a question of vires, and not employ the standard of review framework. I was agreeably surprised, therefore, that in […] Read more

Britain’s withdrawal from the European Union formally begins today with the delivery of an Article 50 notice from London to Brussels. One of the issues that will be up for discussion during the negotiations is the status of EU nationals (like me) who work in the United Kingdom. Unlike others, I am pessimistic about the […] Read more

Late last year, I wrote a series of posts on modes of rights protection in administrative law. The goal was to produce an essay for a collection commemorating the 150th anniversary of the Canadian Constitution, edited by Matt Harrington and to be published by Lexis Nexis, both as a book and as an issue of […] Read more

The procedural intricacies of judicial review of administrative action can create pitfalls for the unwary. Various principles are relevant and sometimes they (seem to) come into conflict with one another. For instance, an applicant should exhaust alternative remedies before applying for judicial review, a principle that is of one with the general move in the […] Read more