2017

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Convergence and Divergence in English and Canadian Administrative Law I: Divergence

Here is the first of several extracts from a paper I am working on, on the subject of convergence and divergence in English and Canadian administrative law At first glance, administrative law in Canada, where courts regularly defer to administrative decision-makers’ interpretations of law and judicial review of administrative action is organised around the concept […] Read more

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Implementing a Brexit Transitional Period — Briefing Paper

With my colleagues Professor Kenneth Armstrong, Professor John Bell and Professor Mark Elliott, I have produced  a Brexit briefing paper on ‘Implementing Transition’. Following the Prime Minister’s speech in Florence on 22 September 2017, there is growing, albeit not universal, political consensus around the notion of a transitional – or ‘implementation’ – period. The intention […] Read more

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Is Deference Constitutional (in Canada)?

The move by the judges of Quebec’s Superior Court to bring an action claiming that the jurisdiction of the Court of Quebec (a statutory court created by the province) unconstitutionally encroaches on the Superior Court’s jurisdiction has created great excitement in the province (see here). A swift backlash, prompted by the spectacle of judges suing […] Read more