2018
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Teaching Anisminic in a Foreign Language
Earlier this month, I spent a week on a research visit to Paris II Panthéon-Assas, one of France’s leading legal academic institutions, where I was based at the Institut Villey. One of my tasks was to teach, with my sponsor, Professor Denis Baranger, two classes on comparative constitutional law. We had hoped to discuss justiciability, […] Read more
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Regulating between the Lines: the Pensions Dispute in UK Universities
Readers may know that UK universities have been badly affected by strike action in recent months. I have been on the picket lines myself and the general disruption from the strike action in part explains why I have been blogging much less than usual. Thankfully, the strike action has now been suspended and, though further […] Read more
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Centralising Tendencies in Irish Administrative Law
This is the first in a series of three posts on Irish administrative law, taken from a paper prepared for the Oxford Handbook on Irish Politics. Comments very welcome! My focus in will be on the constraints of public law. My touchstone is drawn from Harry Arthurs’ groundbreaking historical work on “legal centralism” and “legal […] Read more
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New Paper: Updating the Procedural Law of Judicial Review of Administrative Action
Normal service is now resuming on the blog after the very successful Dunsmuir Decade symposium. I am very happy to say that “Updating the Procedural Law of Judicial Review of Administrative Action” will be published soon in the University of British Columbia Law Review. Here is the abstract: The substantive law of judicial review of […] Read more
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Dunsmuir 10 Years Later (Hon. Michel Bastarache CC QC)
Michel Bastarache was a judge of the Supreme Court of Canada from 1997 to 2008 and is now counsel at Caza Saikaley LLP At the outset, I should express my gratitude to Professors Daly and Sirota for the invitation to contribute to this remarkable project, including such a superb array of leading lawyers, scholars, and […] Read more
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L’ordre et le rêve – Le contrôle judiciaire après Dunsmuir (Hon. Louis LeBel)
Louis LeBel était juge à la Cour suprême du Canada de 2000 à 2014. Il est actuellement avocat-conseil au cabinet Langlois à Québec et Montréal depuis mai 2015 et juge en résidence à la Faculté de droit de l’Université Laval. Le texte n’appartient plus à son auteur; ce lieu commun de la critique littéraire s’applique […] Read more
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A Decade of Dunsmuir: Please No More (Hon. David W Stratas)
David Stratas is a judge of the Federal Court of Appeal Introduction The views expressed in this post are the author’s own and are offered for education and discussion purposes only. Dunsmuir is law. Like all Supreme Court decisions, it binds me. Nothing in this article suggests otherwise. If you come to my court and […] Read more
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Dunsmuir – Plus ça change Redux (Lorne Sossin)
Lorne Sossin is the Dean of the Osgoode Hall Law School A few months after the Supreme Court released Dunsmuir v. New Brunswick (2008 SCC 9), a number of administrative law colleagues, led by David Dyzenhaus, convened a symposium at the University of Toronto Faculty of Law to explore its implications. My contribution to that […] Read more
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Dunsmuir: Reasonableness and the Rule of Law (Peter A Gall QC)
Peter A Gall QC is a partner at Gall Legge Grant Zwack LLP in Vancouver In Dunsmuir, the Supreme Court set out to do two things: first, to simplify the standards of judicial review by eliminating the patent unreasonableness standard, and second, to strike a balance between upholding the rule of law – that is, […] Read more
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Locating Dunsmuir’s Meta-structure Within Anglo-Commonwealth Traditions (Dean R Knight)
Dean R Knight is a Senior Lecturer at the School of Law, Victoria University of Wellington Dunsmuir has exhilarated and puzzled Canadian audiences of administrative law for a decade now; and, before Dunsmuir, the enigmatic pragmatic and functional framework excited and frustrated the same audience. But, for an observer from abroad, this is no surprise. […] Read more