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Administrative Law & Governance Colloquium 2021: Recordings
UPDATED APRIL 23 Many thanks to those of you who joined in for this year’s Administrative Law & Governance Colloquium. Here are recordings of the talks by Jennifer Raso (“Reasons and Justification”), Margaret Doyle and Nick O’Brien (“Reimagining Administrative Justice”), and Jennifer Nou (“Civil Servant Disobedience”): Read more
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50 years after the Kerr Report: Is Australian administrative law still fit for purpose? (Dr Janina Boughey)
I am happy to be cross-posting from the Australian Public Law blog a series of posts celebrating the 50th anniversary of the Kerr Report, a landmark report in Australian administrative law and one which forms part of a Commonwealth-wide wave of administrative law reform. The first post is by Dr Janina Boughey (University of New […] Read more
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Jennifer Nou, Bureaucratic Resistance, Tuesday March 23, 11.30 EST
The last speaker in this year’s Administrative Law & Governance Colloquium is Professor Jennifer Nou (University of Chicago). We will be live on Zoom on Tuesday March 23 at 11.30 EST. Professor Nou will be speaking about her well-known article “Civil Servant Disobedience“: Bureaucratic resistance is a historically unexceptional feature of the administrative state. What […] Read more
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Reviewing Judicial Review: The Faulks Report
The UK’s Independent Review of Administrative Law was completed earlier this year. The Faulks Report was published today. Although the UK government may try to suggest otherwise, the headline is that the Panel does not think significant reforms of judicial review are appropriate. Chapter 1 addresses the possibility of codifying administrative law. (You can see […] Read more
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Margaret Doyle & Nick O’Brien, Reimagining Administrative Justice, Tuesday March 16, 11.30 EST
The next speakers in this year’s Administrative Law & Governance Colloquium on “Front-Line Administration” are Margaret Doyle and Nick O’Brien. They will be having a dialogue about their recent book, Reimagining Administrative Justice: Human Rights in Small Spaces (Palgrave, 2019): This book reconnects everyday justice with social rights. It rediscovers human rights in the ‘small […] Read more
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COVID-19 in Canada: Variable Forms of Power and Unvarying Judicial Deference
Over at Verfassungsblog, as part of an international series on COVID-19, I have a post on the law and politics of the pandemic response in Canada. Here are the opening and closing paragraphs: As of early 2021, the COVID-19 pandemic continues to rage across Canada. These are dark days. Although the arrival of vaccines suggests […] Read more
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Section 96 and British Columbia’s Civil Resolution Tribunal: Trial Lawyers’ Association of British Columbia v British Columbia (Attorney General), 2021 BCSC 348
Earlier this week, the Supreme Court of British Columbia handed down an important — perhaps even monumental — decision on s. 96 of the Constitution Act, 1867: Trial Lawyers’ Association of British Columbia v British Columbia (Attorney General), 2021 BCSC 348. Hinkson CJ held that the legislation giving the province’s Civil Resolution Tribunal jurisdiction over […] Read more
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Bernardo Zacka, Public Service and Moral Agency, Tuesday March 2, 11.30 EST
The next speaker in this year’s Administrative Law & Governance Colloquium, “Front-Line Administration”, is Professor Bernardo Zacka (MIT). Register here for tomorrow’s Zoom webinar. Prof Zacka will be discussing his work on front-line decision-makers. Here is a short description of his book, When the State Meets the Street: Public Service and Moral Agency (Harvard University […] Read more
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Delay in Administrative Proceedings: Law Society of Saskatchewan v Abrametz
Paul Daly February 25, 2021
Readers may have noticed that I have not blogged about the important decision of the Saskatchewan Court of Appeal on delay in administrative proceedings in Abrametz v Law Society of Saskatchewan, 2020 SKCA 81. I became involved in the matter shortly after the Court of Appeal decision. The Law Society decided to seek leave to […] Read more
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The Little Appointing Provision That Couldn’t Quite: Prairies Tubulars (2015) Inc. v. Canada (Border Services Agency), 2021 FC 36
Paul Daly February 22, 2021
Over the years, s. 96 of the Constitution Act, 1867 has enjoyed a remarkable evolution. It has been the little appointing provision that could: its handful of words about the process for appointing judges to the superior courts have, by judicial exegesis, created forests of jurisprudence on the limitations on legislative power to encroach on […] Read more