Administrative Law
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The Empire is Still Strong: A Response to Prof. Daly
Over on Administrative Law Matters, Prof. Daly writes that “[a]nti-administrativists have not had a good couple of weeks.” So his argument goes, in the last number of years “the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitment of the Founding Fathers.” This “cartoonish… Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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It’s Happening Here Too
Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights Continue reading
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Virtual Insanity: AI and Judicial Review
I am far from an expert on the growing trend in law and life towards “algorithmic justice,” or decision-making by machines. But a report released by the Law Foundation of New Zealand and the University of Otago got me thinking about the use of neural networks, predictive modelling, and other forms of algorithmic learning in… Continue reading
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When Dicey Smiles
The Supreme Court upholds immigration detainees’ right to habeas corpus Continue reading
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Judges are Subject to Law, Too
Last summer, I wrote a blog post about a concerning case out of the Federal Court, Girouard v CJC. The gist of the case was the claim by the Canadian Judicial Council (CJC) that their reports, recommendations, and decisions in the course of the investigation of a judge were not subject to judicial review under… Continue reading
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Devaluing Section 33
What happens to “Charter values” when a statute invokes the “notwithstanding clause”―and what this might mean for Québec’s Bill 21 Continue reading
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law Continue reading
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The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference. Continue reading
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Why Governments Are Not Angels
The SNC-Lavalin affair reveals serious challenges to the functioning of all three branches of the Canadian government Continue reading
Double Aspect 