Cross-posted from the Australian Public Law Blog Chantal Bostock is a Senior Lecturer at UNSW Law & Justice, and a former member of the AAT. As noted by colleagues, this blog series celebrates 50 years since the publication of the Kerr Report, which brought about great changes in Australian administrative law. In this blog post, I am going to […] Read more

This morning, the Supreme Court of Canada handed down its eagerly awaited (at least by s. 96 anoraks) decision in the Court of Quebec reference: Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27 (see here for my post on the Court of Appeal decision). This is a significant contribution to the jurisprudence, though just how […] Read more

This is the latest cross-post from the Australian Public Law Blog series on the 50th anniversary of the Kerr Report. For previous entries, see here, here and here. The 50th anniversary of the reforms recommended by the Kerr Committee provides a valuable opportunity to reflect on the bigger picture of judicial review and administrative law. The understated but important […] Read more

Here is my blog post on the doctrinal law relating to tribunal competence and expertise for the Tribunal Watch Ontario/Windsor Law webinar on independence and impartiality. Here is what Tribunal Watch Ontario’s Statement of Principles says Adjudicators must be optimally competent and the tribunal equally competent in the exercise of its mandate. Adjudicators must have […] Read more

This afternoon I completed the Index for Understanding Administrative Law in the Common Law World, forthcoming later this year with Oxford University Press. I sent the proofs to the publishers last week, so the book should meet the target release date of August 2021. You can pre-order the hardcover version here. Here is the brief summary of […] Read more

The second webinar on Tribunal Independence hosted by Tribunal Watch Ontario and Windsor Law will take place next Tuesday. You can read the blog posts from webinar participants here. Register for the event here.  (Law Society of Ontario members will note with interest that there is 1 hour of professionalism credit for this free event.) Read more

Imagine you sign up to be a member of an organization. When making your decision to join, you look carefully at the constitution of the organization, a detailed document setting out the governance of the organization and the rights and obligations of members — it even has “CONSTITUTION” emblazoned on the top. Then imagine that […] Read more

In response to the report of the Independent Review of Administrative Law, the UK government launched a consultation period on several targeted reforms to judicial review. One of these relates to so-called ‘Cart’ judicial reviews, continuing the tortuous tale of the relationship between the UK’s tribunal structure and its superior courts. Another relates to clarifying the law of remedies, the topic of […] Read more

The Administrative Review Council (ARC) was a vital part of the Kerr Committee’s recommendations for increased oversight of executive decisions that impact individuals. The Kerr Committee recorded that ‘fundamental to our system for the introduction of a proper system of administrative review, both on the law and on the merits, is a continuously operating Council…’. […] Read more

I am currently knee-deep in exam scripts, having taught Administrative Law twice in the Winter Term (once in English, once in French). I thought readers might be interested in taking a look at the final exam I set (70%, with a mid-term accounting for the other 30%). A is an inmate in a federal penitentiary. […] Read more