judicial review
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On Staying in One’s Lane
A response to critics of alleged judicial overreach in the face of legislative and governmental arbitrariness Continue reading
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Motte and Bailey Unreasonableness
There is much to learn from a recent English decision on police impartiality Continue reading
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Going Pro(Rogue) Faster
The Federal Court expedites the hearing of the challenge to the prorogation of Parliament Continue reading
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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 Continue reading
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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 Continue reading
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Deferring to Discriminators
The US Supreme Court explains why courts should not defer to officials when it comes to rights issues Continue reading
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The Metastasis of Charter Vibes
The rigamarole around the notwithstanding clause this week has me thinking about the reach of the Charter, and in particular, a case that will be heard by the SCC early next year: A.B. v Northwest Territories. While there are other issues in the case, at its heart is a stark proposition: is it required for Continue reading
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Standing Isn’t Free
On the importance of thinking about costs, as well as benefits, of judicial review of administrative action Continue reading
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Some Major Questions About Major Questions
In West Virginia v EPA, the Supreme Court of the United States, wielding the “major questions doctrine” found that the EPA did not have the statutory authority to adopt regulations implementing the Clean Power Plan, initially proposed by the Obama administration in 2015. In this post, I describe why I think this decision was ultimately Continue reading
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Nothing Doing
A brief rebuttal to responses to my last post on inappropriate criticism of the US Supreme Court’s abortion decision Continue reading
Double Aspect 