deference

March 7, 2018

The Paradox of Simplicity

Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity Continue reading

Administrative Law, The Dunsmuir Decade

administrative state, deference, Dunsmuir, judicial review, reasonableness, Rule of Law
March 6, 2018

The Dark Art of Deference

Dubious assumptions of expertise on home statute interpretation Continue reading

Administrative Law, The Dunsmuir Decade

Chevron, deference, Dunsmuir, expertise
February 28, 2018

A View from South of the Border

Dunsmuir, Chevron, and what Canadians and Americans can learn from each other about judicial deference and interventionism Continue reading

Administrative Law, The Dunsmuir Decade

deference, purposivism, statutory interpretation, United States
February 27, 2018

Deference with a Difference

Dunsmuir and Aboriginal Rights Continue reading

Administrative Law, Constitutional law, The Dunsmuir Decade

aboriginal rights, Charter, deference, Dunsmuir
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 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