This is the final post in my series on ‘Responsive Reasons’: for the previous posts, see here, here, here and here. There are two questions to be addressed in this section: why has responsiveness become important; and is it justifiably important? I will first address technical reasons for the rise of responsiveness in judicial review […] Read more

This is the latest post in my series on ‘Responsive Reasons’: for the previous posts, see here, here and here It cannot be said that the notions of justification and responsiveness have been developed in the United Kingdom to anything like the extent they have been in Canada and Ireland. Nonetheless, a degree of commitment […] Read more

Like many developed countries, Canada has committed to significantly reducing greenhouse gas emissions in the coming decades. The federal government has committed to achieving net-zero emissions by 2050: see the Canadian Net-Zero Emissions Accountability Act, SC 2021, c 22. Even the provinces that are often at loggerheads with the federal government about climate policy acknowledge […] Read more

This is the latest post in my series on ‘Responsive Reasons’: for the previous posts, see here and here I will suggest in this section that the common law is further evolving to require reasons to be responsive. That is, reasons for decision must be responsive to the evidence before the decision-maker and submissions made […] Read more

In the opening post in this series I described the traditional position in relation to reasonableness review. Here I describe the significant changes that have occurred over the last couple of decades… For all the tenacity of Wednesbury, it has been gradually displaced over the years, around the common law world. I addressed this point […] Read more

In Société des casinos du Québec inc. v. Association des cadres de la Société des casinos du Québec, 2024 SCC 13 the Supreme Court of Canada dealt with a number of important issues that are significant for the law of judicial review of administrative action and for regulation more broadly. I previewed the case in […] Read more

I am working on a paper on the concept of responsive reasons in administrative law. I will be posting bits and pieces over the next week or so. Here is the opening section on the traditional position, from which we are moving away… Reasonableness in administrative law has a long and storied history. For common […] Read more

Regular readers will be aware that the standard of review of regulations has been a contentious point in Canadian public law for some time now (see e.g. here). Next week, the Supreme Court of Canada will hear the appeals from the decisions of the Alberta Court of Appeal in Auer v Auer, 2022 ABCA 375 […] Read more

As I have mentioned in a couple of posts, I have agreed to take the baton from the great David Mullan in providing readers of the Energy Regulation Quarterly with an annual review of administrative law. The text has now been published and can be accessed here in web format and also in PDF. I […] Read more