Administrative Law Matters Administrative law

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

Comments

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

From Blogger

Common Law Restraints on Discretionary Powers: S156-2013 v. Minister for Immigration and Border Protection, [2014] HCA 22

An old debate in administrative law concerns the appropriate role of courts in imposing common law restrictions on discretionary powers. For example, when a statute says “X may, in his absolute discretion, do Y”, are any limitations of fairness or rationality implied by the common law? The modern tendency has been to admit that there […] Read more