Administrative Law Matters

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

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Consistency in Administrative Adjudication: Canadian Association of Refugee Lawyers v. Canada (Citizenship and Immigration), 2019 FC 1126 and Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518

In two important recent decisions, Canadian courts have had to consider the lawfulness of internal administrative arrangements designed to promote consistent decision-making. On both occasions, the arrangements ran afoul of the principles of administrative law. In Shuttleworth v. Ontario (Safety, Licensing Appeals and Standards Tribunals), 2019 ONCA 518 a process of peer review of draft […] Read more

Comments

Notice, Reasons and the National Interest: P v Minister for Justice and Equality [2019] IESC 47

When I lectured administrative law at the University of Cambridge, I received one question from the floor in three years. (Students have fortnightly small-group supervisions, so tend to save their inquiries for their supervisors.) I regularly asked the students if they had any questions and sometimes jokingly complained that they were too shy. This machismo […] Read more

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Process, Substance and the Influence of Judicial Review on Public Administration: Ofsted v Secretary of State for Education [2018] EWCA Civ 2813

I found the decision of the Court of Appeal of England and Wales in Ofsted v Secretary of State for Education [2018] EWCA Civ 2813 to be a nice illustration of two important phenomena: first, the extent to which administrators internalize the norms generated by judicial development of the principles of judicial review of administrative […] Read more