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A Cheer for Administrative Law
Administrative law can only do so much to avert injustice―but what it can do still matters
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Precedent and Respect
When ― if ever ― can lower courts criticise their hierarchical superiors?
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Killing for Laws
People get killed when laws are enforced. How should this bear on our thinking about the laws’ legitimacy?
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Boilerplate in Decision-Making
Administrative boilerplate is probably legion in government, but of course, this is an empirical question. Nonetheless, I have read enough cases to know that individuals at the foot of administrative power—many times in front-line decision-making— are at least sometimes faced with deciphering reasons that purport to have “considered all the factors.” Confronted, as well, with
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Tous mes emmerdements
L’État peut-il obtenir l’obéissance des citoyens en les « emmerdant » ?
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Not as Advertised
Legislative debates leading to Saskatchewan’s use of the notwithstanding clause show little interest in constitutional rights
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The Law of Bonkerstown
Does the constitution mandate the soft bigotry of low expectations?
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Case Not Made
Unconvincing arguments against judicial enforcement of rights under the UK’s Human Rights Act 1998
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Fizzy Drink or Fuzzy Thinking?
Questionable arguments in Cass Sunstein and Adrian Vermeule’s critique of anti-administrativism
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The Public Good Trap
Why thinking that the public good is the measure of law and politics is a mistake
Double Aspect 