Mindful of the threat of a terrorist attack during the Olympics, the British authorities have developed an Air Security Plan. One element of the plan is to install missiles on the roof of a residential apartment tower in Leytonstone. Unsurprisingly, the residents were upset. They went, unsuccessfully, to the High Court to judicially review the […] Read more

Over the next couple of weeks, I am going to blog occasionally about my new book, A Theory of Deference in Administrative Law:Basis, Application and Scope. For my first post, I thought I would start with something that does not really appear in the book at all: a brief overview of the approach I urge. […] Read more

As a Q.C., Rabinder Singh appeared in some of the most significant public law cases before the superior courts of England and Wales. He was appointed to the bench in 2011. From the High Court, he recently issued an interesting judgment in H.A. (Nigeria) v. Home Secretary, [2012] EWHC 979 (Admin), a case concerning the […] Read more

Another example from the Canadian courts of the thin line separating process from substance: Turner v. Canada (Attorney General), 2012 FCA 159. On this occasion, the determination that a question went to process is again plausible at first sight but troubling on closer inspection. The applicant here alleged that he was discriminated against by the […] Read more

The highest courts of both the United States and Canada have both recently pronounced on claims relating to the unfairness of local government taxation systems. Before the Supreme Court of Canada, the argument went to the substantive reasonableness of the municipal by-law at issue. Further south, the Supreme Court of the United States was asked […] Read more

Je pensais de garder cette décision jusqu’au retour en classe des étudiants du préscolaire à la fin de l’été, mais finalement j’ai conclu que les principes découlant de ladite décision sont trop intéressants pour les cacher plus longtemps. La Cour d’appel y explique très clairement les principes de la révision judiciaire au Québec. Au centre […] Read more

Another example, this time from the Manitoba Court of Appeal, of a decision-maker stretching language too far. In Darcis v. Manitoba, 2012 MBCA 49, an arbitrator was the guilty party, in respect of an agreement concluded between the Nisichawayasihk Cree Nation, Canada, Manitoba and the Manitoba Hydro-Electric Board. This agreement was an exception to a […] Read more

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

In describing the deferential standard of review of reasonableness in Dunsmuir v. New Brunswick, the Supreme Court of Canada was very eloquent. Where a standard of review of correctness is appropriate, the reviewing court substitutes its judgment for that of the initial decision-maker. But where deference is owed, A court conducting a review for reasonableness […] Read more

The UK Supreme Court’s decision of last week in Humphreys v Revenue Commissioners puts me to thinking about sliding scales. These are quite common in public law. At base, the idea is that greater scrutiny will be paid to decisions (or statutory provisions) in some circumstances, and less in others. Old world administrative lawyers will […] Read more