Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.


Legal Academia 2.0 in the Brexit Litigation

The government and the claimaints in Miller (the Article 50 case) have now made their written statements of case available (see here). One remarkable feature is that both the government and the claimants rely heavily on arguments made by various distinguished writers (including some of my Cambridge colleagues!) on the United Kingdom Constitutional Law Association’s […] Read more


The Signal and the Noise in Administrative Law

I am giving the keynote lecture (via videoconference) at the Law Society of Upper Canada’s 24th Immigration Summit tomorrow, on “The Signal and the Noise in Administrative Law“: There has been an unfortunate trend in recent Supreme Court of Canada administrative law cases. While academics, practitioners and lower-court judges try to establish coherent frameworks to […] Read more


Modes of Rights Protection in Administrative Law I: Smith & Rhuland Ltd. v. Nova Scotia, [1953] 2 SCR 95

I am preparing a piece for a collection, edited by Matthew Harrington, celebrating the 150th anniversary of the Canadian constitution. My topic is rights in administrative law. My goal is quite simple: to identify pre- and post-Charter modes of rights protection and assess their advantages and disadvantages. The pre-Charter era is exemplified by Smith & […] Read more


Which Way Forward for Canadian Administrative Law? Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47

Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47 was thought to represent an opportunity for the Supreme Court of Canada to revisit (again!) its standard of review framework. The underlying question was whether an Assessment Review Board could increase the value of a property assessment where a taxpayer had applied for […] Read more


Between Seminole Rock and a Hard Place

Over the summer, the Yale Journal on Regulation’s excellent Notice and Comment blog ran a series on Seminole Rock deference. The entire series has now been collected in a PDF that can be downloaded from SSRN. From Aaron Nielson’s introduction: First, what is Seminole Rock deference? According to the Supreme Court, “Auer deference is Chevron […] Read more