Administrative Law Matters

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

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For the Birds? Collateral Challenge, Legislative Intent and Public Law Remedies in R v Bird 2019 SCC 7

Found to be a long-term offender and known to be someone who struggled with conditional releases from custody, Mr Bird was made subject by the Parole Board of Canada to a long-term supervision order, which included a residency requirement. Mr Bird breached the residency requirement and criminal proceedings were duly initiated, carrying a penalty of […] Read more

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The Decline of the Passive Virtues

Away from this forum I’ve made three contributions in the last month to debates about Brexit, from a law and policy point of view. First, I participated in a Centre for Public Law panel discussion on the UK Supreme Court’s decision in the Scottish Continuity Billcase, [2018] UKSC 64. The link below starts at my […] Read more

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Administrative Authorities and the Disapplication of Domestic Law: Minister for Justice and Equality v Workplace Relations Commission C-378/17

Can a statutory tribunal disapply the law? The question arises in respect of constitutional challenges to legislation and, in the European Union, in respect of claims that domestic law contravenes norms of E.U. law. The recent decision of the Court of Justice in Minister for Justice and Equality v Workplace Relations Commission C-378/17 on a preliminary reference […] Read more

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Year in Review

My blogging year has been dominated — almost bookended, even — by two symposiums, one (held jointly with Double Aspect) to mark the tenth anniversary of the Supreme Court of Canada’s decision in Dunsmuir v New Brunswick (see here), and another on a United Kingdom Supreme Court appeal concerning ouster or privative clauses, published on Administrative […] Read more

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Some Draft Papers

I have an unusually large number of draft papers which I am unable for various reasons to post on SSRN. I would, however, be very happy to share them with any readers who may be interested in having a look: “Substantive Review in the Common Law World: AAA v Minister for Justice [2017] IESC 80 in […] Read more

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Three Aspects of Anisminic

Cross-posted from the Administrative Law in the Common Law World symposium on ouster clauses I want to explore three aspects of the decision in Anisminic v Foreign Compensation Commission [1969] 2 AC 147 which are relevant to the Privacy International ouster clause litigation. I will explain their relevance by reference to comparative materials. First, the […] Read more