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Holiday Break

This blog has now been up and running for a decade (since May 2012). In that time, I have published over 1,000 entries. I hope at some point to mark these anniversaries with some thoughts about my blogging experience and what I have learned over the years. For now, as I head off on vacation […] Read more

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The Ages of Administrative Law: Conclusion

I have posted “The Ages of Administrative Law“, my contribution to this year’s Public Law Conference, to SSRN. Here is the conclusion. Thoughts and comments very welcome. I have set out, in this paper, an analytical framework for explaining developments in administrative law over time. I identified an Age of Invention, in which the basic […] Read more

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Introduction: The Importance of Methodology in Public Law Research (Daly & Tomlinson)

Joe Tomlinson and I have posted “The Importance of Methodology in Public Law Research” to SSRN: Public law academics are coming under increasing pressure to be more open about methodology. In part, the pressure results from the increasing sophistication and ambition of legal scholarship. Where lawyers were writing to develop arguments about how other participants […] Read more

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Justice Abella and Judicial Restraint

I am working on a paper on Justice Abella’s administrative law jurisprudence. Here is the opening part, describing her approach to judicial restraint. Justice Abella’s advocacy of deferential review of administrative decisions was a consistent theme throughout her tenure on the Supreme Court of Canada. I will address substantive review in this section but I […] Read more

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The Ages of Administrative Law: The Age of Invention

I have posted “The Ages of Administrative Law“, my contribution to this year’s Public Law Conference, to SSRN. Here is the first substantive part. Thoughts and comments very welcome. In his Hamlyn Lectures, Professor Paul Craig has elegantly described how the administrative state existed in embryonic form before even the Glorious Revolution.[1] In this section, […] Read more

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The Ages of Administrative Law: Introduction

I have posted “The Ages of Administrative Law“, my contribution to this year’s Public Law Conference, to SSRN. Here is the introduction. Thoughts and comments very welcome. The advocates of the 20th century welfare state envisaged a government that would take care of its citizens from the cradle to the grave. The contemporary administrative state […] Read more