-
An Inglorious Triumph
Introducing a new article about the US legal conservative movement and its inglorious triumph during the Trump presidency
-
A “Bright” Signal for Canada? Farewell to Chevron Deference
In Loper Bright, the Supreme Court of the United States overturned the long-standing judicial review doctrine of Chevron deference. The decision has been met with all manner of criticism and celebration. There is no doubt that Loper Bright sends an important and valuable signal: it is the judicial role to decide questions of law, wherever…
-
Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh?
-
¿Por qué no se calla?
The Chief Justice’s annual press conference is unseemly and inappropriate
-
A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not
-
Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed.
-
Sotto Voce
The Supreme Court has an inexplicable habit, especially in administrative law. Much has been written about the Court’s uneasy—to put it mildly—relationship with precedent. Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less of a hard-and-fast rule and more of an option in hard cases. But…
-
#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious
-
The Metastasis of Charter Vibes…Again
**A version of this appeared in my newsletter, the Sunday Evening Administrative Review** For the two years or so that I have been doing this newsletter, the story has been a good one. Vavilov settled the law of judicial review to such a considerable extent that I found myself optimistic about the state of things. However, this…
-
Bonkerstown Bypass
The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future
Double Aspect 