Administrative Law Matters
Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
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Administrative Law & Governance Colloquium 2024, “Executive Power”: Recordings
This year’s Administrative Law and Governance Colloquium on “Executive Power” has drawn to an end. Here are the recordings of each session. Robert Craig (Bristol) on “Crown Powers”: https://www.youtube.com/watch?v=Aq-2t0fI7kM Peter Shane (NYU) on “Presidential Powers”: https://www.youtube.com/watch?v=JwhukpXcuWQ Philippe Lagassé (Carleton) on “Prerogative Powers”: https://www.youtube.com/watch?v=EkmbEjsCe-Q Ariane Vidal-Naquet (Marseille) on “Executive Responsibility in Comparative Perspective”: https://www.youtube.com/watch?v=V6Z3rU0Ny2s Thanks […] Read more
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Reasonableness as Tapestry
Canada (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65 is closing in on 10,000 mentions in subsequent cases. After five-or-so years the basic concepts have been very well explained and are widely understood. Nonetheless, every now and then I come across a passage that is particularly evocative. The following contribution by […] Read more
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Reminder: Executive Power with Ariane Vidal-Naquet, Wednesday, March 27 11.30 eastern
On Wednesday of this week, Professor Ariane Vidal-Naquet will be joining me on the Administrative Law & Governance Colloquium. Professor Vidal-Naquet will be discussing her contribution to Comparative Executive Power in Europe: Perspectives on Accountability from Law, History and Political Science (Routledge, 2023). Her deep knowledge of executive power in Europe will complement the previous […] Read more
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An Appealing Analysis: Yatar v TD Insurance Meloche Monnex, 2024 SCC 8
On Friday, the Supreme Court of Canada handed down its much-anticipated decision in Yatar v TD Insurance Meloche Monnex, 2024 SCC 8. As expected (by me at any rate), the Court reversed the approach below and (correctly, in my view) described the role of discretion in judicial review proceedings. In reasons written by Rowe J, […] Read more
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Reminder: Prerogative Powers with Professor Philippe Lagassé, March 18, 11.30 eastern
Tomorrow, Professor Philippe Lagassé (Carleton) will be joining me on the Administrative Law & Governance Colloquium, on the subject of prerogative powers. Professor Lagassé will be discussing a draft manuscript based on research done under a large grant from the Social Sciences and Humanities Research Council. He will offer some arresting conclusions about similarities in […] Read more
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Limited Rights of Appeal: Constitutional Traditionalists
For the opening post in this series, see here. Constitutional traditionalists take a broad view of Crevier and a narrow view of legislative intent. For members of this camp, judicial review for substantive reasonableness and procedural fairness must always be available, on issues of law and issues of fact alike. The only situation in which […] Read more
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Limited Rights of Appeal: Discretion Advocates
For the opening post in this series, see here. Those in the discretion camp do not take sides as between legislative intentionalists and constitutional traditionalists. Rather, they would use the remedial discretion of the superior courts to refuse to grant a remedy for factual error in most cases. In that way, respect can be paid […] Read more
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Limited Rights of Appeal: Legislative Intentionalists
For the opening post in this series, see here. The legislative intentionalists take a narrow view of Crevier and a broad view of institutional design. In their view, judicial respect for legislative intent demands that partial restrictions on judicial review (such as appeals limited to questions of law or jurisdiction) be given effect, as long […] Read more
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Limited Rights of Appeal: Three Camps
The Supreme Court of Canada announced yesterday that it will release its reasons for judgment in the appeal from Yatar v. TD Insurance Meloche Monnex,2022 ONCA 446 on Friday. This decision is coming sooner than I expected based on the average time administrative law matters have spent on reserve: this one was heard in November […] Read more
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Deprivations of Procedural Fairness: Begum v Secretary of State for the Home Department [2024] EWCA Civ 152
Blogging has been slow recently. Work has not, though, and with any luck I will be able in the not-so-distant future to share some of what I have been toiling away at. In the meantime, the decision of the Court of Appeal for England and Wales in Begum v Secretary of State for the Home Department […] Read more
