Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.
Cross-posted from the Australian Public Law Blog Chantal Bostock is a Senior Lecturer at UNSW Law & Justice, and a former member of the AAT. As noted by colleagues, this blog series celebrates 50 years since the publication of the Kerr Report, which brought about great changes in Australian administrative law. In this blog post, […] Read more
Earlier this year the editors of the Australian Journal of Administrative Law asked me to comment on an essay by Professor Emeritus Mark Aronson. My short piece is entitled “The State of the Art in Contemporary Administrative Law“: This is a comment on Mark Aronson, “Judicial Review of Administrative Action: Between Grand Theory and Muddling […] Read more
This morning, the Supreme Court of Canada handed down its eagerly awaited (at least by s. 96 anoraks) decision in the Court of Quebec reference: Reference re Code of Civil Procedure (Que.), art. 35, 2021 SCC 27 (see here for my post on the Court of Appeal decision). This is a significant contribution to the […] Read more
Ce matin, la Cour suprême du Canada a rendu sa décision tant attendue (du moins par les amateurs de l’art. 96) dans le renvoi relatif à la Cour du Québec : Renvoi concernant le Code de procédure civile (Qc), art. 35, 2021 CSC 27 (voir ici pour mon commentaire sur la décision de la Cour d’appel). […] Read more
This is the latest cross-post from the Australian Public Law Blog series on the 50th anniversary of the Kerr Report. For previous entries, see here, here and here. The 50th anniversary of the reforms recommended by the Kerr Committee provides a valuable opportunity to reflect on the bigger picture of judicial review and administrative law. […] Read more
Here is my blog post on the doctrinal law relating to tribunal competence and expertise for the Tribunal Watch Ontario/Windsor Law webinar on independence and impartiality. Here is what Tribunal Watch Ontario’s Statement of Principles says Adjudicators must be optimally competent and the tribunal equally competent in the exercise of its mandate. Adjudicators must have […] Read more
The second webinar on Tribunal Independence hosted by Tribunal Watch Ontario and Windsor Law will take place next Tuesday. You can read the blog posts from webinar participants here. Register for the event here. (Law Society of Ontario members will note with interest that there is 1 hour of professionalism credit for this free event.) Read more
This afternoon I completed the Index for Understanding Administrative Law in the Common Law World, forthcoming later this year with Oxford University Press. I sent the proofs to the publishers last week, so the book should meet the target release date of August 2021. You can pre-order the hardcover version here. Here is the brief […] Read more
The non-delegation issues in the Carbon Pricing References have garnered significant attention in recent weeks. I discussed Côté J’s partial dissent as a guest on Breakfast with Appeal, an outstanding series run by the appellate group at Torys LLP. You can see a brief clip here (the format is breakfast TV, hence my choice of […] Read more
Imagine you sign up to be a member of an organization. When making your decision to join, you look carefully at the constitution of the organization, a detailed document setting out the governance of the organization and the rights and obligations of members — it even has “CONSTITUTION” emblazoned on the top. Then imagine that […] Read more