Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.


Reminder: Margit Cohn on the Executive, 11.30 eastern time Tuesday, February 7 (on Zoom): Administrative Law and Governance Colloquium 2023, “The Legitimacy of the State”

The 2023 Administrative Law & Governance Colloquium 2023 gets underway next Tuesday, with Professor Margit Cohn, who will be discussing her important recent book, A Theory of the Executive Branch: Tension and Legality (OUP, 2021): The executive branch in Western democracies has been granted a virtually impossible task: expected to ‘imperially’ direct the life of […] Read more


Human Rights in the Administrative Decision-making Process: Moncrief-Spittle v Regional Facilities Auckland Limited [2022] NZSC 138

The New Zealand Supreme Court’s recent decision in Moncrief-Spittle v Regional Facilities Auckland Limited [2022] NZSC 138 contains an illuminating discussion of many important issues, including the obligation of public decision-makers to take human rights into account in their decision-making processes. The incident which gave rise to the underlying litigation was the cancellation of an […] Read more


2023 Administrative Law & Governance Colloquium: “The Legitimacy of the State”

The topic for the 2023 edition of the Administrative Law & Governance Colloquium was “The Legitimacy of the State”: The legitimacy of contemporary liberal democratic states is in a state of flux. Managing the effects of globalization, responding to the COVID-19 pandemic and fighting escalating inflation have prompted serious questions about public administration in the […] Read more


An Introduction to the Duty of Candour

Defining the Duty of Candour The duty of candour requires parties to judicial review applications, especially government respondents, to “to make full and fair disclosure”.[1] They must “explain fully what has occurred and why”.[2] The duty has been recognized by the English courts[3] and by courts in other jurisdictions, such as New Zealand,[4] Ireland[5] and […] Read more


On a High Wire: Canada (Commissioner of Competition) v Rogers Communications Inc and Shaw Communications Inc, 2023 Comp Trib 1

Probably the hottest topic in the world of Canadian regulation in recent months has been the proposed merger between two telecommunications behemoths, Rogers and Shaw, with the former essentially to absorb the latter. In extensive reasons published on New Year’s Eve, the Competition Tribunal found that the merger could go ahead: Canada (Commissioner of Competition) […] Read more