Administrative Law
-
The End of Administrative Supremacy in Canada
Introducing a new article on Canadian administrative law theory (and history) Continue reading
-
Listening to Podcasts Like a State
The CRTC wants to know about podcasts. Beware! Continue reading
-
It’s Nonsense But It Works
The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle Continue reading
-
Can Do Better
An interesting, but seriously flawed, decision on the separation of powers Continue reading
-
Deferring to Discriminators
The US Supreme Court explains why courts should not defer to officials when it comes to rights issues Continue reading
-
A Defense of Doctrine
Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high… Continue reading
-
Simplicity in the Law of Judicial Review of Regulations: Auer and TransAlta
This post is derived from this week’s edition of my newsletter, the Sunday Evening Administrative Review. ______________________________________________ Auer v Auer, 2022 ABCA 375 (November 22, 2022); TransAlta Generation Partnership v Alberta (Minister of Municipal Affairs), 2022 ABCA 381 (November 23, 2022) Context and Holding: In these decisions, the ABCA deals with the question of how… Continue reading
-
Standing Isn’t Free
On the importance of thinking about costs, as well as benefits, of judicial review of administrative action Continue reading
-
The Post-Vavilov Supreme Court and Administrative Law
Reason for optimism? After the Supreme Court’s recent decisions in Abrametz and ESA (both of which are summarized and analyzed in my newsletter here and here, respectively), there is much to say. But I just want to quickly identify one emerging trend: the centrifugal force of the principles in Vavilov in areas of administrative law… Continue reading
-
Some Major Questions About Major Questions
In West Virginia v EPA, the Supreme Court of the United States, wielding the “major questions doctrine” found that the EPA did not have the statutory authority to adopt regulations implementing the Clean Power Plan, initially proposed by the Obama administration in 2015. In this post, I describe why I think this decision was ultimately… Continue reading
Double Aspect 