Administrative Law Matters

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

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Exam Season

I am currently knee-deep in exam scripts, having taught Administrative Law twice in the Winter Term (once in English, once in French). I thought readers might be interested in taking a look at the final exam I set (70%, with a mid-term accounting for the other 30%). A is an inmate in a federal penitentiary. […] Read more

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Reviewing Regulations of National Concern: Administrative Law Matter (No. 2) in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11

In my previous post on References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, I discussed Côté J’s partial dissent on the constitutionality of Henry VIII clauses. There I noted that the argument about the constitutionality of Henry VIII clauses turns in part on the existence of robust judicial oversight. The topic of this […] Read more

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The Constitutionality of Henry VIII Clauses in Canada: Administrative Law Matter (No. 1) in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11

Last month, the Supreme Court of Canada issued its decision in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11. I am going to post three pieces on the decision: this one, on constitutional limits on delegation in Canada; a second on review of regulations made under the Act, especially Part 2 of […] Read more

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Reviewing Judicial Review: The Faulks Report

The UK’s Independent Review of Administrative Law was completed earlier this year. The Faulks Report was published today. Although the UK government may try to suggest otherwise, the headline is that the Panel does not think significant reforms of judicial review are appropriate. Chapter 1 addresses the possibility of codifying administrative law. (You can see […] Read more