The Dunsmuir Decade

February 26, 2018

The Road to Dunsmuir

Re-reading administrative law’s bumpy kinky chain novel in the fading light of “a culture of justification” Continue reading

Administrative Law, The Dunsmuir Decade

deference, Dunsmuir
February 23, 2018

The Merits of Dunsmuir

Rightly or Wrongly Decided (Then and Today)? Continue reading

Administrative Law, The Dunsmuir Decade

disguised correctness review, Dunsmuir, procedural fairness, public employment, reasonableness, statutory interpretation
February 22, 2018

Charter Rights and Charter-Lite

How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading

Administrative Law, Constitutional law, Constitutional Theory, The Dunsmuir Decade

Charter, deference, Doré, judicial review, Supreme Court of Canada
February 21, 2018

Moving Dunsmuir past Dunsmuir

Democratic accountability for privative clauses, and its consequences for the standard of review analysis Continue reading

Administrative Law, The Dunsmuir Decade

accountability, deference, democracy, privative clauses, standard of review, statutory interpretation
February 20, 2018

The Return of Correctness in Judicial Review

A rebellion against deference is taking place is Alberta, but how just is its cause? Continue reading

Administrative Law, The Dunsmuir Decade

Alberta, deference, Dunsmuir, reasonableness
February 19, 2018

Dunsmuir and the Constitutional Status of the Administrative State

Have the courts built the administrative state into the constitution’s architecture? Continue reading

Administrative Law, Constitutional law, The Dunsmuir Decade

administrative state, architecture, constitutional amendment, deference, section 96
February 16, 2018

Stranger Things: A Defense of Dunsmuir

Did Dunsmuir actually do some good ― at least when it comes to judicial review of law society decisions? Continue reading

Administrative Law, The Dunsmuir Decade

deference, Dunsmuir, Law Society, legal profession
February 15, 2018

The True Legacy of Dunsmuir ― Disguised Correctness Review?

Why isn’t judicial review as deferential as courts say it should be? Continue reading

Administrative Law, The Dunsmuir Decade

deference, disguised correctness review, Dunsmuir, reasonableness, statutory interpretation
February 14, 2018

The Privilege of Public Employment

Is Dunsmuir’s treatment of public employees consistent with the principles it articulated? Continue reading

Administrative Law, The Dunsmuir Decade

Dunsmuir, procedural fairness, public benefits, public employment
February 13, 2018

Theorizing Administrative Law

Does Dunsmuir Have a Philosophy? Continue reading

Administrative Law, Legal philosophy, The Dunsmuir Decade

deference, Dicey, Dunsmuir, Rule of Law, Walters