executive power

From Blogger

Enforcement Discretion: Thinking about the Executive, the Rule of Law and the Separation of Powers

The topic of enforcement discretion is the subject of an interesting series of posts by Zachary Price over at the Volokh Conspiracy. The impetus for Price’s series and his underlying article (“Enforcement Discretion and Executive Duty“) comes from several recent American episodes, such as President Obama’s decision not to enforce certain provisions of the Affordable […] Read more

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Some Justiciability Hypotheticals

Blogging has been light recently: teaching, writing and administrative commitments, allied to some technical problems, have been holding me up.One interesting recent case, which I consider a useful launching pad for a consideration of justiciability, is Guergis v. Novak, 2012 ONSC 4579. Ms. Guergis is a former minister in the federal cabinet: you can read […] Read more

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Administrative Law and Assange

Julian Assange is currently hiding out in the Ecuadorian embassy, where he may be for some time. The British government’s suggestion that he could be arrested there is wide of the mark, however. The Foreign Secretary does have statutory powers under the Diplomatic and Consular Premises Act, 1987 to remove the diplomatic or consular status […] Read more

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Of prerogatives, rules and guidance

The UK Supreme Court decided two very interesting immigration cases the week before last, touching on two very interesting issues.The first issue was whether the royal prerogative in respect of immigration control had been ousted by the Immigration Act, 1971. That Act seems to be expressed in permissive terms. It allows, but does not require, […] Read more