judicial review
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Who’s Afraid of the Rule of Law?
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication Continue reading
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The Cake Bill
The flaws in the UK government’s two-faced Bill of Rights Bill Continue reading
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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 Continue reading
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Case Not Made
Unconvincing arguments against judicial enforcement of rights under the UK’s Human Rights Act 1998 Continue reading
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Jurisdiction and the Post-Vavilov Supreme Court: Part I
What does “jurisdiction” mean, anyways? Continue reading
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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles Continue reading
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Right Is Wrong
What an ordinary case can tell us about the problems of Canadian administrative law Continue reading
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Does This Kat(z) Have Nine Lives?
In Katz, the Supreme Court set out the approach to judicial review of regulations. The Katz approach is (or, maybe, was) a carve-out from the general law of judicial review. As Professor Daly notes, it grants a “hyperdeferential” margin of appreciation to those that promulgate regulations. The Katz approach, based on previous cases, simply asked Continue reading
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Post-Truth, Redux
A faithful application of Vavilov reasonableness review exposes the rot at the core of Canada’s administrative law Continue reading
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Alexion: No Blank Cheques Here
In Alexion Pharmaceuticals Inc v Canada (Attorney General), 2021 FCA 157, the Federal Court of Appeal clarified the law of judicial review post-Vavilov (particularly as it applies to reasonableness review) and set out an important reminder: administrators are not a law unto themselves. In order to make sure that this is the case, particularly in Continue reading
Double Aspect 