Administrative Law Matters

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

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2022 Administrative Law & Governance Colloquium — Artificial Administration: Automation, Digitization and Artificial Intelligence in Public Administration

The topic of the 2022 Administrative Law & Governance Colloquium will be “Artificial Administration: Automation, Digitization and Artificial Intelligence in Public Administration”: In the era of Big Data, governments and public entities are turning more and more to automation, digitization and machine learning to operate more effectively and efficiently. The extent of technological change in […] Read more

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Delegation, Property Rights and Federalism: Alabama Association of Realtors v Department of Health and Human Services, 594 US ____ (2021)

First under President Trump and then under President Biden the Director of the Centers for Disease Control and Prevention issued a nationwide eviction moratorium in the United States of America. Under the Biden Administration’s narrower version, the moratorium prevented landlords from evicting tenants in areas where there are high transmission rates of COVID-19. At various […] Read more

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The Fuzzy Borderline Between Administrative Law and Constitutional Law: Damache v Ireland, [2020] IESC 63 and Brown v Canada (Citizenship and Immigration), 2020 FCA 130

As a matter of theory there is much to be said for the proposition that there is no hard-and-fast distinction between administrative law and constitutional law in Commonwealth countries. In the United Kingdom, without an entrenched, codified constitution, the distinction is entirely porous, with constitutional issues regularly seeping into judicial review cases (and, sometimes, when […] Read more

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Vavilov On the Road

In the first year after Vavilov was released, I read pretty well every decision in which the Supreme Court of Canada’s reformulation of administrative law was cited. The result was “One Year of Vavilov” and a soon-to-appear chapter in Colleen Flood and Paul Daly eds., Administrative Law in Context, 4th ed.  Since then, I have been less assiduous in […] Read more

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Other Forms of Legal Writing

One of the reasons blogging has been so light in recent months is that I have been turning to my hand to other forms of legal writing. You can see some of the fruits of my labours in the Abrametz appeal here and the factum of the British Columbia Civil Liberties Association in the Sullivan appeal will soon be available here. The nature […] Read more