standard of review
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh? Continue reading
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It’s Nonsense But It Works
The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle Continue reading
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Can Do Better
An interesting, but seriously flawed, decision on the separation of powers Continue reading
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A Nod to the Pod
Introducing the experimental Double Aspect Pod Continue reading
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The Post-Vavilov Supreme Court and Administrative Law
Reason for optimism? After the Supreme Court’s recent decisions in Abrametz and ESA (both of which are summarized and analyzed in my newsletter here and here, respectively), there is much to say. But I just want to quickly identify one emerging trend: the centrifugal force of the principles in Vavilov in areas of administrative law Continue reading
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ESA II: The Standard of Review and Rogers
In Entertainment Software Association, Stratas JA for the Court set out a number of important comments about statutory interpretation and international law. I dealt with those comments in a previous post. I write again about this case to highlight Stratas JA’s comments on the standard of review. Particularly, Stratas JA was faced with the propriety Continue reading
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The Nero Post: Two Niche Issues in Judicial Review Post-Vavilov
Lest I be accused of fiddling while Rome burns, I wish to note that I approach a pandemic as a time in which we must, subject to social distancing and isolation, proceed as normal as much as possible. Indeed, it is this sense of normalcy that should characterize what we do as much as possible. Continue reading
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Tout nouveau, tout beau?
Ce que dit, et ce que ne dit pas, l’arrêt Vavilov, pour nos lecteurs francophones 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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Not Good Enough
The Supreme Court re-writes the law of judicial review in Canada, but not nearly well enough. Continue reading
Double Aspect 