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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

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Deference Within Agencies?

Once more unto the ‘internal standard of review’ breach. Do the principles regulating judicial review by courts of administrative decision-makers apply when there is an appeal within an agency, and if so, to what extent? I tackled this question last year in the context of the Refugee Appeal Division. Now, the Federal Court has pronounced […] Read more