Administrative law | Page 7
Dunsmuir’s Flaws Exposed: Recent Decisions on Standard of Review
Abstract In Dunsmuir v. New Brunswick, the Supreme Court of Canada attempted to clarify and simplify Canadian judicial review doctrine. I argue that the Court got it badly wrong, as evidenced by four of its recent decisions. The cases demonstrate that the new categorical approach is unworkable. A reviewing court cannot apply the categorical approach […] Read more
Some Principles of Institutional Design: Considerations for Administrative Lawyers
The Unfortunate Triumph of Form over Substance in Canadian Administrative Law
Abstract The standard of review analysis for judicial review of administrative action developed over the course of four decades by the Supreme Court of Canada had two important features. First, it provided something of a bulwark against interventionist judges, thereby protecting the autonomy of administrative decision-makers and promoting deference. Secondly, it was unrelentingly substantive, rather […] Read more
Standard of Review in the Copyright Cases
A Theory of Deference in Administrative Law : Foundations, Application and Scope
In the modern administrative state, hundreds if not thousands of officials wield powers that can be used to the benefit or detriment of individuals and corporations. When the exercise of these powers is challenged, a great deal can be at stake. Courts are confronted with difficult questions about how to apply the general principles of […] Read more
Justiciability and Deference in Administrative and Constitutional Law
Hogan and Morgan’s Administrative Law in Ireland
For 25 years, Hogan and Morgan has been the leading work on administrative law and judicial review in Ireland. The fourth edition covers: Fair procedures including the rule against bias and audi alteram partem; Review of discretionary powers, with the doctrines of reasonableness and proportionality and the impact of constitutional rights; Judicial review practice […] Read more
Standards of Review in Irish Administrative Law after Meadows
Abstract In a nutshell, the majority of the Court in Meadows v. Minister for Justice held that proportionality would be relevant in determining the reasonableness or unreasonableness of an administrative decision affecting rights. The anxious scrutiny standard of review was not adopted. One member of the majority also introduced an expansive general right to reasons […] Read more