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The Politics of Deference? Gehl v. Canada (Attorney General), 2017 ONCA 319

Deference doctrines have a tendency to wax and wane in their application. In Canada, exceptions to the general presumption of reasonableness review of administrative interpretations of law are stubbornly tenacious and, sometimes, reasonableness review is applied in such a non-deferential way as to invite accusations that the reviewing courts is engaged in “disguised correctness review”. […] Read more

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A Typology of Administrative Appeals

It is good to be back blogging, at least fleetingly, after a long absence. I hope to start posting more regularly over the next few weeks. Work on the next edition of Hogan and Morgan’s Administrative Law in Ireland continues apace. Irish readers and those from other jurisdictions might find something of interest in this […] Read more

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Quiet Time

Blogging is likely to be more than usually intermittent in the coming weeks and months. Most importantly, my wife and I are expecting our third child imminently. The new arrival will join a four-year-old and soon-to-be-three-year-old. Those of you who have survived having young children will understand that the next few months will be very […] Read more

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Bamzai: The Origins of Judicial Deference to Executive Interpretation

Professor Aditya Bamzai has a fascinating piece in the Yale Law Journal entitled “The Origins of Judicial Deference to Executive Interpretation“: Judicial deference to executive statutory interpretation—a doctrine now commonly associated with the Supreme Court’s decision in Chevron v. Natural Resources Defense Council—is one of the central principles in modern American public law. Despite its […] Read more

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The Law and Politics of the Article 50 Process

Francophile readers might be interested in a post I contributed to the Blogdroiteuropéen on the law and politics of Article 50, concentrating on the difficulties of ensuring the status of EU nationals in the UK; the Irish question; and the difficulties of negotiating a UK-EU free trade agreement: Les deux prochaines années s’annoncent houleuses pour […] Read more