Administrative Law Matters

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


Values, Doctrine and Decisions in Judicial Review of Administrative Action

In his London School of Economics Ph.D. thesis, Dean Knight offers an interesting theoretical perspective on judicial review doctrine. Grouping writers and judges into four broad groups, ranging from those who prefer more formalistic, bounded approaches to those who embrace thorough contextual inquiry, he assesses each group against Lon Fuller’s ‘internal morality of law’. Knight’s […] Read more


Capturing Regulatory Capture by Expanding the Record: Sobeys West Inc. v. College of Pharmacists of British Columbia, 2016 BCCA 41

Canadian courts have generally been cautious about expanding the content of the record on judicial review. I am generally in favour of restraint (see e.g. here), as expanding the content of the record may have the effect of enticing courts to expand the scope of judicial review. But the factual matrix of Sobeys West Inc. […] Read more


The Value of Academic Blogging

Word filtered down from on high (literally: the University of Montreal is on a mountain and the central administration sits on its peak) today that my tenure application was approved by the University Council, effective June 1. This is very nice news of course but I am not fishing for compliments. I only mention it […] Read more


A Retrospective on Justice Scalia

My colleague Matt Harrington and I had a lunchtime chat about Justice Scalia’s legacy at the University of Montreal last week. We focused on explaining Justice Scalia’s textualism and originalism, as well as his preference for rules over standards (see also this post). There has been no shortage of critical reflection on Justice Scalia’s life […] Read more