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The “Common Objective” of Courts and Administrators: Correctly Applying the Principles of Statutory Interpretation?

How should we describe what administrative decision-makers do when they interpret statutory provisions? In my view, they are making/interpreting/doing “law”, even if it is infused with policy considerations in a way that the judicial function is (arguably) not. Does it follow that they should perform this “law” function in the same way that courts do? […] Read more

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Public Law Conference

Light blogging this week as I have just arrived in Cambridge for the inaugural Public Law Conference. You can download my paper on administrative law values here. I hope to have a round-up when I return!   UPDATE: the links are not working, so here they are in turn: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2460264 http://www.publiclawconference.law.cam.ac.uk   Read more

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Hamburger’s “Is Administrative Law Unlawful?” (With Spoilers!)

Philip Hamburger‘s Is Administrative Law Unlawful? has been getting much attention in the blogosphere recently. Hamburger guest-blogged at the Volokh Conspiracy — and his series of posts laid out his position, an emphatic “Yes”, with admirable clarity — and his detractors (Adrian Vermeule, here and here) and supporters (Gary Lawson, Michael Ramsey) are now hammering […] Read more

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Sorting out Refugee Appeals

Canadian decisions on internal appellate review are coming thick and fast. Another one arrived last week, with some media fanfare: Huruglica v. Canada (Citizenship and Immigration), 2014 FC 799. Here, Phelan J. gave the Refugee Appeal Division a very broad role indeed. Rebuking the Division for applying judicial review standards to an internal appeal, he […] Read more