Comments

Comments

Baranger on the Boundaries of Public Law

Readers may be interested in listening to Professor Denis Baranger’s Miegunyah Distinguished Visiting Fellow Lecture at the Melbourne Law School. A helpful summary is available here: In his lecture, Professor Baranger contended that “you don’t get to understand public law by searching for its foundations, but by identifying its boundaries.” With this contention as a […] Read more

Comments

Metzger and Stack on Internal Administrative Law

Gillian Metzger and Kevin Stack’s article “Internal Administrative Law” can be accessed at the Michigan Law Review‘s website. Here is the abstract: For years, administrative law has been identified as the external review of agency action, primarily by courts. Following in the footsteps of pioneering administrative law scholars, a growing body of recent scholarship has […] Read more

Comments

Distinguishing Mandatory and Directory Provisions

Another excerpt from my work on Hogan and Morgan’s Administrative Law in Ireland follows, this time attempting to distinguish between mandatory and directory statutory provisions. Warning: this analysis may not survive its imminent encounter with my co-authors! Thoughts welcome, especially from those who have to walk the mandatory/directory line in other jurisdictions. ——— When the […] Read more

Comments

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