Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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Dunsmuir’s Demise & The Rise of Disguised Correctness Review (The Hon. Joseph T. Robertson)

The Honourable Joseph T. Robertson, Q.C., formerly of the Federal Court of Appeal (1992-2000), the New Brunswick Court of Appeal (2000-2014) and Jurist-in-Residence with the Faculty of Law, University of New Brunswick (2014-2017). This digital symposium marks the 10th Anniversary of Dunsmuir v New Brunswick.[1] Undoubtedly, attention will focus on whether this “transformative” decision has […] Read more

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The Dunsmuir Decade/10 ans de Dunsmuir

It may be hard to believe that March 7, 2018 marks the 10th anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick, where the Court reformulated Canadian administrative law. Dunsmuir is — by some distance — the most cited decision of any Canadian court and, for Canadians and Canadaphiles, synonymous with […] Read more

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Thinking Again About Ouster Clauses: R (Privacy International) v Foreign and Commonwealth Secretary [2017] EWCA Civ 1868

The orthodoxy in English administrative law circles is that ouster clauses are unlikely ever to be effective. The underlying logic of the majority of the House of Lords in the landmark case of Anisminic v Foreign Compensation Commission [1969] 2 AC 147 is that an ouster clause does not protect an unlawful decision from judicial […] Read more