Administrative Law
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At the Executive’s Pleasure
When Parliament delegates power to agencies, it does so for any number of reasons. At least in theory, Parliament could delegate to a tribunal because it genuinely believes that some particular problem requires expert treatment. Parliament could also delegate as part of a “make or buy” decision, in a Coasian sense: the costs of crafting… Continue reading
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Doré Adrift
Why the Supreme Court’s approach to the Charter in the context of administrative law fails to live up to its promises Continue reading
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The Canadian Legal Mandarinate
Why we ran the 12 Days of Christmas symposium Continue reading
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Double Aspect’s Twelve Days of Christmas
Announcing a riotous blogging symposium for the festive season Continue reading
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Statutory Interpretation in Admin Law and the Supreme Court’s Trilogy
Over on Professor Daly’s blog Administrative Law Matters, Professor Audrey Macklin wrote what I would characterize as a confessional: an admission that the law of judicial review in Canada may be beyond repair. What Prof. Macklin proposes, in light of this realization, is a renewed focus on the principles of statutory interpretation, rather than a… Continue reading
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The Administrative Law “Trilogy”: The Stare Decisis Trap
This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its… Continue reading
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Lowering Expectations: The Supreme Court’s Standard of Review Cases
Why, sadly, Canada’s administrative law community should probably lower its expectations. Continue reading
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The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law
Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point. Continue reading
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Bell/NFL: The Second Dunsmuir Redux Case
Two weeks ago, I summarized and analyzed the arguments in Vavilov, one of the Dunsmuir redux cases that will be heard at the Supreme Court in December. I’ll now do the same for the second case, Bell/NFL, which similarly focuses on an important conceptual difficulty in the law of judicial review: the presence and implications… Continue reading
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Dealing with Delegation
Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive Continue reading
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