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Anticipating the Supreme Court of Canada’s Administrative Law Trilogy III: A Cheat Sheet
Paul Daly December 18, 2019
Bushfires and volcanoes are raging in the Antipodes, the U.S. President is on the verge of impeachment, protesters in Hong Kong, India and Iran have taken to the streets, working-class retirees last week flocked to the polls in northern England to vote for MPs led by an Old Etonian. And now, standard of review has […] Read more
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Anticipating the Supreme Court of Canada’s Administrative Law Trilogy I: The Cases
Paul Daly December 18, 2019
On Thursday, the Supreme Court of Canada will deliver its decisions in the long-awaited trilogy of cases heard last December: Vavilov v. Canada (Citizenship and Immigration) (Federal Court, 2015 FC 960; Federal Court of Appeal, 2017 FCA 132); Bell Canada v Canada (Attorney General) (Federal Court of Appeal, 2017 FCA 249); and National Football League […] Read more
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Administrative Law & Governance Colloquium Reading Lists
Paul Daly December 17, 2019
The reading lists for the Administrative Law & Governance Colloquium 2020 have been finalized. You can find more information on the Colloquium here (which also has the course code CML 3351 for uOttawa students). The seminars are open to all and the reading lists are designed to help you, before or after the seminar, to […] Read more
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Facebook and its Oversight Board: How Administrative Law Matters
Paul Daly December 16, 2019
A few months ago, Facebook published its Oversight Board Charter. Faced with mounting pressure about its treatment of complaints about its content moderation decisions, the company’s response was to create an Oversight Board: The purpose of the board is to protect free expression by making principled, independent decisions about important pieces of content and by […] Read more
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* Updated * The Supreme Court of Canada’s Administrative Law Trilogy: Phone in, Thursday, December 19, 2pm
Paul Daly December 13, 2019
The Supreme Court of Canada is releasing its eagerly awaited Administrative Law Trilogy next week, Thursday, December 19 at 9.45am EST: details here. I am going to host a free conference call for those interesting in sharing their thoughts (and hearing mine) on Thursday afternoon at 2pm EST. All are welcome to join. Here’s the […] Read more
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Human Rights in Administrative Decision-making II: Organizational and Ontological Reasons for the Inevitability of Administrative Discretion and Judgement
Paul Daly December 12, 2019
This is the second post in a series. The first post can be found here. Even if we were to allow, for the sake of argument, that statutory provisions are always clear, discretion and judgement could not be eliminated from administrative decision-making. With respect to the administration of statutes – their implementation by front-line officials […] Read more
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ANU Law 60th Anniversary Conference: Public Law and Inequality
Paul Daly December 10, 2019
To mark the 60th anniversary of ANU Law and the 30th anniversary of the Centre for International and Public Law (CIPL), a major public law conference will be held at the Australian National University in Canberra, on 8-9 December 2020. Full details can be accessed here. Conference theme: Public Law and Inequality Growing inequality is a defining challenge of our times, domestically […] Read more
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In Defence of Mashaw’s Administrative Justice Models
Paul Daly December 9, 2019
In their excellent book Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) (discussed here) Margaret Doyle and Nick O’Brien attack what they perceive as a neoliberal, individualistic turn in thinking about human rights and administrative justice. No quarter is given by the authors to those they consider responsible, one of whom is […] Read more
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And Now, Live from the Public-Private Divide…R (Liberal Democrats and Scottish National Party) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin)
Paul Daly December 6, 2019
Britain is currently in the throes of a general election in which, an unkind Transatlantic observer might say, the question for many voters is ‘who is the evil of two lessers?’ It is quite likely, indeed almost certain, that Boris Johnson or Jeremy Corbyn will be occupying 10 Downing Street come January 1, 2020, notwithstanding […] Read more
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Some Thoughts on Doyle & O’Brien, Reimagining Administrative Justice: Human Rights in Small Places
Paul Daly December 4, 2019
In Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) Margaret Doyle and Nick O’Brien have made a wonderful contribution to the public law literature. By turns playful, polemical and provocative, the authors set out to challenge much of the received contemporary wisdom about administrative justice. Their motive is to fight back against […] Read more