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Apex Courts and the Common Law
A new edited collection from the University of Toronto Press Read more
Administrative Law Matters
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My “Puzzling” Theory of Deference
My worst nightmare (which, admittedly, is a little bit different from the nocturnal terrors feared by most people) has just come to pass. Yesterday Professor Larry Solum extracted on his Legal Theory blog a piece from a recent article of mine and labelled it “puzzling”. Here is the offending passage (from this article): What Chevron […] Read more
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To Have the Point: Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29
For the second time in six months, the Supreme Court of Canada has released a decision in a judicial review case brought by an applicant seeking a procedural solution to a substantive problem. In Canada (Public Safety and Emergency Preparedness) v. Chhina, 2019 SCC 29, as in R. v. Bird, 2019 SCC 7 (noted here), […] Read more
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Of Clarity and Context: R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22
The United Kingdom Supreme Court handed down its decision in R (Privacy International) v Investigatory Powers Tribunal [2019] UKSC 22 this morning. There are four judgments: a plurality judgment by Lord Carnwath (with whom Lady Hale and Lord Kerr concur) and dissenting judgments by Lord Sumption (with whom Lord Reed concurs) and Lord Wilson. There is […] Read more
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New Job: University Research Chair in Administrative Law & Governance, University of Ottawa (Faculty of Law, Common Law Section)
After three extraordinarily happy years in Cambridge, I am moving back to Canada, where I will seek to repay the University of Ottawa’s faith in me as a legal scholar, as the University Research Chair in Administrative Law & Governance. The University’s announcement can be found here, with more details on the website of the […] Read more