In a recent report, The Value and Effects of Judicial Review: The Nature of Claims, their Outcomes and Consequences, Varda Bondy, Lucinda Platt and Maurice Sunkin challenge “widely held and influential assumptions about the costs and misuse of JR” in Britain. On the contrary, they find, for instance: JR claimants often win tangible benefits, such […] Read more

The Supreme Court of the United States decision in Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015) (discussed here) is also notable for the concurring opinions of Justices Scalia and Thomas, which take aim at Seminole Rock deference. Pursuant to this concept, an administrative agency’s interpretation of its own regulations controls unless it is […] Read more

Much of the focus on the Supreme Court of the United States recently has been on the hot-button topic of same-sex marriage. But the Court has also released some interesting administrative law decisions in recent weeks. The End of Auer Deference: Administrative Interpretations of Regulations I previously posted some sceptical thoughts on the continuing applicability […] Read more

Kevin Stack has posted Interpreting Regulations on SSRN. Here is the abstract: The age of statutes has given way to an era of regulations, but our jurisprudence has fallen behind. Despite the centrality of regulations to law, courts have no intelligible approach to regulatory interpretation. The neglect of regulatory interpretation is not only a shortcoming […] Read more

I’ve commented previously on administrators’ interpretations of their own regulations. In a recent Federal Court case, Moya v. Canada (Citizenship and Immigration), 2012 FC 971, the question of how reviewing courts should treat such interpretations arose again.The applicants were members of a Colombian family, variously born in Colombia, the United States and Canada (having been […] Read more

The Supreme Court of the United States recently cast a critical eye over the concept of Auer deference (so called even though the seminal case is actually Bowles v. Seminole Rock & Sand Co.). When administrative bodies promulgate rules, regulations and policies to fill in the gaps in statutory provisions, their promulgations may themselves have […] Read more