In Creating the Administrative Constitution: The Lost One Hundred Years of American Administrative Law, Jerry Mashaw writes of how early in the life of the American republic courts occasionally formed part of the regulatory structure: While Congress left judicial review primarily to common law actions for damages, it provided for access to courts by statute […] Read more

Tomorrow, the Supreme Court of Canada hears a challenge to the federal criminal law prohibition on assisted suicide: Carter v. Canada. This law was upheld narrowly in 1993 (Rodriguez v. British Columbia (Attorney General), [1993] 3 SCR 519), but the Court is being asked to take a fresh look in light of changed circumstances. For […] Read more

The Irish Supreme Court will shortly deliver its judgment on litigation commenced against the State by Marie Fleming. Ms. Fleming is terminally ill with multiple sclerosis. She has asked the courts to declare unconstitutional Ireland’s prohibition on physician-assisted suicide. At first instance, a very strong three-judge High Court (Kearns P., Carney and Hogan JJ.) upheld […] Read more