I am currently working on a chapter for “Leading Works in Public Law”, a collection edited by Ben Yong and Patrick O’Brien. My chapter is on SA de Smith’s Judicial Review of Administrative Action. Here is a draft of the first section, on “The Work” The Work Born in 1922, Stanley Alexander de Smith attended […] Read more
The term “culture of justification” first appeared in an article by the South African scholar Etienne Mureinek. He described the culture of justification as one “in which every exercise of power is expected to be justified; in which the leadership given by government rests on the cogency of the case offered in defence of its […] Read more
As I mentioned in a previous post, taken together, competence, compassion, consistency and collaboration are virtues which, where present, establish tribunal excellence and constitute the inner morality of administrative adjudication. Cultivating and maintaining these virtues is, however, a significant challenge. Cultivating Virtue Virtues have to be cultivated. Administrative adjudicators, in this sense, are continually coming […] Read more
I am currently working on a chapter for “Leading Works in Public Law”, a collection edited by Ben Yong and Patrick O’Brien. My chapter is on SA de Smith’s Judicial Review of Administrative Action. Each contribution will discuss “The Work”, “The Context”, “The Significance” and “The Legacy”. Here is the introductory material; I will post […] Read more
If we want to develop a morality of administrative tribunal adjudication, we need to look elsewhere than the law of judicial review, with its concern for clamping down on “bad” decision-making. Imagine instead a “good” administrative adjudicator concerned about the acceptability of their decisions to the individuals appearing before them and to Canadian society: they […] Read more
Lee Marsons (@LeeGTMarsons) is a GTA in public law and PhD candidate at the University of Essex. He is also co-editor of the blog of the UK Administrative Justice Institute (UKAJI). The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made under s.45C of the Public Health (Control of Disease) Act 1984. In an illuminating […] Read more
I gave my inaugural lecture as the University Research Chair in Administrative Law at the University of Ottawa last month. You can watch the lecture here (after some introductory remarks from Dean Sylvestre, Chief Justice Wagner and Justice Bich). The comments from my respondents, Justice Stratas and Professor Cartier can be found here. This is […] Read more
I am currently working on a chapter for “Leading Works in Public Law”, a collection edited by Ben Yong and Patrick O’Brien. My chapter is on SA de Smith’s Judicial Review of Administrative Action. Here is a draft of the last section, on “The Legacy” The Legacy Whereas the fourth edition of Judicial Review of […] Read more
One of the most significant features of the Covid-19 pandemic has been the massive increase in spending by governments anxious to make up the economic shortfalls caused by the shutdowns intended to slow down the spread of the virus. Designing such programmes effectively, ensuring that the resources reach those who need them and putting robust […] Read more
Clearly, we are living through an extraordinary period in human history. The rampant spread of Covid-19 has upended societies and economies. Its short-term effects have been dramatic and, in the medium-term and long-term, the virus may have profound consequences for all of us. The bewildering speed of the virus is matched only by the bewildering […] Read more