Administrative Law Matters

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

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Guest Posts from the West Coast

This week the blog will feature a series of guest posts from administrative law experts at the Peter A Allard School of Law at the University of British Columbia: in order of appearance, Professors Cristie Ford, Mary Liston and Alexandra Flynn. Professor Liston has written a short introduction to set the scene: The pre-COVID-19 genesis […] Read more

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Cultivating and Maintaining Adjudicative Virtue in a World of Constraints

As I mentioned in a previous post, taken together, competence, compassion, consistency and collaboration are virtues which, where present, establish tribunal excellence and constitute the inner morality of administrative adjudication. Cultivating and maintaining these virtues is, however, a significant challenge. Cultivating Virtue Virtues have to be cultivated. Administrative adjudicators, in this sense, are continually coming […] Read more

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The Inner Morality of Administrative Adjudication

If we want to develop a morality of administrative tribunal adjudication, we need to look elsewhere than the law of judicial review, with its concern for clamping down on “bad” decision-making. Imagine instead a “good” administrative adjudicator concerned about the acceptability of their decisions to the individuals appearing before them and to Canadian society: they […] Read more

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Covid-19 and the health protection regulations – proportionality, deference, and intensity of review (Lee Marsons)

Lee Marsons (@LeeGTMarsons) is a GTA in public law and PhD candidate at the University of Essex. He is also co-editor of the blog of the UK Administrative Justice Institute (UKAJI). The Health Protection (Coronavirus, Restrictions) (England) Regulations 2020 were made under s.45C of the Public Health (Control of Disease) Act 1984. In an illuminating […] Read more

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Plural Public Law: Relevance and Influence

I gave my inaugural lecture as the University Research Chair in Administrative Law at the University of Ottawa last month. You can watch the lecture here (after some introductory remarks from Dean Sylvestre, Chief Justice Wagner and Justice Bich). The comments from my respondents, Justice Stratas and Professor Cartier can be found here. This is […] Read more