2018

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Thinking about the Upcoming Trilogy: West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22

David Mullan was (unsurprisingly) quite right: the Supreme Court of Canada’s decision in West Fraser Mills Ltd. v. British Columbia (Workers’ Compensation Appeal Tribunal), 2018 SCC 22 seems to shed some light on how the Court is likely to approach the trilogy of cases in which it will revisit the standard of review analysis. There […] Read more

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Revisiting Dunsmuir: Food for Thought

Yesterday, the Supreme Court of Canada did something very unusual, granting leave to appeal in three judicial review cases and explaining: The Court is of the view that these appeals provide an opportunity to consider the nature and scope of judicial review of administrative action, as addressed in Dunsmuir v. New Brunswick, [2008] 1 S.C.R. […] Read more

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Limited Legal Pluralism in Irish Administrative Law

This is the second post on Irish administrative law arising from my draft paper for the Oxford Handbook of Irish Politics. Comments welcome! Institutional Pluralism Counterbalancing the centripetal qualities of Article 34.3.1 and Article 34.3.2, are the centrifugal tendencies of provisions elsewhere in the 1937 Constitution. Article 34.3.4 envisages “Courts of local and limited jurisdiction […] Read more

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Teaching Anisminic in a Foreign Language

Earlier this month, I spent a week on a research visit to Paris II Panthéon-Assas, one of France’s leading legal academic institutions, where I was based at the Institut Villey. One of my tasks was to teach, with my sponsor, Professor Denis Baranger, two classes on comparative constitutional law. We had hoped to discuss justiciability, […] Read more