deference
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Against Administrative Supremacy
A response to the “Guest Posts from the West Coast” Series Continue reading
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New Paper on Doré and Vavilov
Frequent readers of this blog will know that I have written here on the subject of the propriety of Doré post-Vavilov. As many of you know, I do not believe that Doré can stand in light of Vavilov. I have now outlined more extensively why that is is, in a paper that will appear in Continue reading
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Chevron on 2
The illogic of the Supreme Court of Canada’s approach to deference to administrative interpretations of law Continue reading
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law. Continue reading
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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
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Can the Administrative Process Achieve Social Justice?
Can administrative law achieve any ideal of social justice? The answer is perhaps yes. But there is nothing built-in the system to encourage this result. For that reason, deference to administrators because of the political aims they might pursue is a week reed on which to rest a more general case for deference. This much Continue reading
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Ignoring Legislative Intent: Deference in Quebec and s.96
The constitutionality of a regime of deference is not something much explored in the wider context of Canadian administrative law. But in Quebec, the question is a live one because of particular statutory and judicial arrangements. The Quebec Court of Appeal just released a case [the Reference] that dealt with the question head on: does Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over. Continue reading
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The Empire is Still Strong: A Response to Prof. Daly
Over on Administrative Law Matters, Prof. Daly writes that “[a]nti-administrativists have not had a good couple of weeks.” So his argument goes, in the last number of years “the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitment of the Founding Fathers.” This “cartoonish Continue reading
Double Aspect 