Administrative Law Matters

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

From Blogger

Administrative Policies Must be Reasonable

Administrative agencies are generally entitled to develop policies. Doing so assists agencies in discharging their statutory mandates in a coherent and consistent manner. Those who come into contact with agencies also benefit: it ought to be easier to predict the application of a general rule than the exercise of discretion. From the Court of Appeal […] Read more

From Blogger

Metzger on Administrative Common Law

Professor Gillian Metzger has an excellent paper on a topic comparatively neglected by American administrative law scholars: the common law nature of judicial review doctrine. The abstract: This article begins with the descriptive claim that much of administrative law is really administrative common law: doctrines and requirements that are largely judicially created, as opposed to […] Read more

From Blogger

Monetizing Benefits

Interesting paper here from Arden Rowell (University of Illinois). One of the difficulties with regulators performing cost-benefit analyses lies in determining what should go into the analysis. Some things we can count quite easily: to use Rowell’s example, the cost of installing rear-view cameras on cars; and the benefits in terms of lives saved (although […] Read more

From Blogger

Henry VIII vit encore!

Much hubbub this morning at the Assemblé Nationale as the deputies debate legislation designed to end the student boycott – excellent coverage of the marathon législatif from Radio-Canada here. Some of the hubbub relates to a “Henry VIII” clause, contained in Article 9 of the draft legislation. This allows the Minister for Education to take […] Read more