Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
I have posted “The Ages of Administrative Law“, my contribution to this year’s Public Law Conference, to SSRN. Here is the second substantive part. Thoughts and comments very welcome. Central government did not regulate many aspects of public and private life in the 19th century. In Canada, the early years post Confederation were marked by […] Read more
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
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
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
The British Association for Comparative Law has kindly run a symposium on my recent book, with posts by Professors John Bell, Peter Cane and Giacinto della Cananea. Here is my response I am very grateful to the esteemed commentators for taking the time to read and analyze Understanding Administrative Law in the Common Law World […] Read more
In R. v. Sullivan, 2022 SCC 19, the Supreme Court of Canada authoritatively addressed the effect of declarations of unconstitutionality. Along with colleagues from Torys LLP, I intervened on behalf of the British Columbia Civil Liberties Association to argue that declarations of unconstitutionality issued by superior courts mean that unconstitutional laws are of no force […] Read more
Over the past few months, the Administrative Law in the Common Law World Blog has hosted a symposium on my recent book on judicial review. The contributions were uniformly excellent. I hope my response matches up… In Understanding Administrative Law in the Common Law World (Oxford University Press, 2021), I set out to offer a […] Read more
In a draft book chapter I am working on with co-author Kseniya Kudischeva, we discuss the increased importance of factual assessments in public law. This is the fourth of four substantive parts (see Part I here, Part II here and Part III here). Comments and thoughts welcome. We turn lastly to a distinctly Canadian phenomenon, […] Read more
In a draft book chapter I am working on with co-author Kseniya Kudischeva, we discuss the increased importance of factual assessments in public law. This is the third of four substantive parts (see Part I here and Part II here). Comments and thoughts welcome. In our increasingly complex and fast-changing world, legislatures and executives have […] Read more
In a draft book chapter I am working on with co-author Kseniya Kudischeva, we discuss the increased importance of factual assessments in public law. This is the second of four substantive parts (see Part I here). Comments and thoughts welcome. In federal systems, factual assessments can never be entirely off limits in judicial review of […] Read more