Administrative Law & Governance Colloquium Reading Lists

The reading lists for the Administrative Law & Governance Colloquium 2020 have been finalized.

You can find more information on the Colloquium here (which also has the course code CML 3351 for uOttawa students). The seminars are open to all and the reading lists are designed to help you, before or after the seminar, to gain a deeper understanding of the subject matter. All are welcome and there is no need to register in advance.

Reading Lists

Gillian Metzger (Monday, February 24, “Legitimacy”)

Required reading

Gillian Metzger, “Foreword: 1930s Redux: The Administrative State Under Siege” (2017) 131 Harvard Law Review 1

Suggested reading

Philip Hamburger, “Chevron Bias” (2016) 84 Georgetown Law Journal 1187

Adrian Vermeule, “‘No’: Review of Philip Hamburger, Is Administrative Law Unlawful?” (2015) 93 Texas Law Review 1547

Jeffrey Pojanowski, “Neoclassical Administrative Law” (2019) 133 Harvard Law Review (forthcoming)

Cases

Kisor v Wilkie, 588 U.S. _____ (2019)

Matthew Lewans (Monday, March 9, “Deference”)

Required reading

Matthew Lewans, Administrative Law and Judicial Deference (Hart Publishing, 2016), chapter 1 and chapter 6

Suggested reading

Jeremy Waldron, ‘Authority for Officials’ in Lukas Meyer, Stanley Paulson and Thomas Pogge, Rights, Culture, and the Law: Themes from the Legal and Practical Philosophy of Joseph Raz (Oxford, Oxford University Press, 2003) 45

H Wade MacLauchlan, “Judicial Review of Administrative Interpretations of Law: How Much Formalism We Reasonably Bear?” (1986) 36 University of Toronto Law Journal 343

David Dyzenhaus, “The Politics of Deference: Judicial Review and Democracy” in Michael Taggart ed., The Province of Administrative Law (Hart Publishing, 1997)

Mary Liston, “Transubstantiation in Canadian Public Law: Processing Substance and Instantiating Process” in John Bell, Mark Elliott, Jason Varuhas and Philip Murray eds., Public Law Adjudication in Common Law Systems: Process and Substance (Hart Publishing, 2016)

Jennifer Raso, “Unity in the Eye of the Beholder? Reasons for Decision in Theory and Practice in the Ontario Works Program” (2020) University of Toronto Law Journal (forthcoming)

Cases

Metropolitan Life Insurance Co. v. International Union of Operating Engineers, [1970] SCR 425

C.U.P.E. v. N.B. Liquor Corporation, [1979] 2 SCR 227

Chevron USA v. Natural Resources Defense Council, 467 U.S. 837 (1984)

Sarah Nason (Monday, March 16, “Interpretation”)

Required reading

Sarah Nason, Reconstructing Judicial Review (Hart Publishing, 2016)

Suggested reading

Ronald Dworkin, Law’s Empire (Belknap Press, 1986), chapter 6

Joanna Bell, “Reason‐Giving in Administrative Law: Where are We and Why have the Courts not Embraced the ‘General Common Law Duty to Give Reasons’?” (2019) 82 Modern Law Review 983

Sean Rehaag, “Judicial Review of Refugee Determinations (II): Revisiting the Luck of the Draw” (2019) Queen’s Law Journal (forthcoming)

Robert Thomas and Joe Tomlinson, Immigration Judicial Reviews: An Empirical Study (Nuffield Foundation, 2019)

Joanna Bell, “Rethinking the Story of Cart v Upper Tribunal and Its Implications for Administrative Law” (2019) 39 Oxford Journal of Legal Studies 74

Alison Young (Monday, March 30, “Dialogue”)

Required reading

Alison Young, “Dialogue and its Myths” in Geoff Sigalet, Grégoire Webber and Rosalind Dixon eds., Constitutional Dialogue: Rights, Democracy, Institutions (Cambridge University Press, 2019)

Alison Young, “Exporting Dialogue” in Richard Albert and David Cameron eds., Canada in the World: Comparative Perspectives on the Canadian Constitution (Cambridge University Press, 2017)

European Union Withdrawal Act 2018, s. 13

Wightman v Secretary of State for Exiting the European Union [2018] CSIH 62

R (Miller) v The Prime Minister, [2019] UKSC 41, [2019] 3 WLR 589

Suggested reading

Alison Young, Democratic Dialogue and the Constitution (Oxford University Press, 2017)

Aileen Kavanagh, “The Lure and the Limits of Dialogue” (2016) 66 University of Toronto Law Journal 83

Dennis Baker, Not Quite Supreme: The Courts and Coordinate Constitutional Interpretation (McGill-Queen’s University Press, 2010), introduction and chapter 1

Peter Hogg and Alison Bushell, ‘The Charter Dialogue between Courts and Legislatures (Or Perhaps The Charter of Rights Isn’t Such a Bad Thing After All)’ (1997) 35 Osgoode Hall Law Journal 75 Stephen Gardbaum, The New Commonwealth Model of Constitutionalism: Theory and Practice (Cambridge University Press, 2012), chapter 3

Dean Knight (Thursday, April 30, “Substantive Review”)

Required reading

Dean Knight, Vigilance and Restraint in the Common Law of Judicial Review (Cambridge University Press, 2018)

Suggested reading

Jason Varuhas, “Taxonomy and Public Law” in Mark Elliott, Jason Varuhas and Shona Stark eds., The Unity of Public Law? Doctrinal, Theoretical and Comparative Perspectives (Hart Publishing, 2018)

TRS Allan, The Sovereignty of Law: Freedom, Constitution and Common Law (Oxford University Press, 2013), chapter 6

Rebecca Williams, “Structuring Substantive Review” [2017] Public Law 99

Michael Taggart, “Proportionality, Deference, Wednesbury” [2008] New Zealand Law Review 423

Paul Daly, “Substantive Review in the Common Law World: AAA v Minister for Justice in Comparative Perspective” [2019] Irish Supreme Court Review 105

Cases

R (Gallaher) v Competition and Markets Authority, [2018] UKSC 25, [2019] 1 AC 96

Further General Reading

Michael Taggart ed., The Province of Administrative Law (Hart Publishing, 1997)

Christopher Forsyth ed., Judicial Review and the Constitution (Hart Publishing, 2000)

Paul Daly, A Theory of Deference in Administrative Law (Cambridge University Press, 2012)

Philip Hamburger, Is Administrative Law Unlawful? (University of Chicago Press, 2014)

Paul Craig, UK, EU and Global Administrative Law: Foundations and Challenges (Cambridge University Press, 2015)

Hanna Wilberg and Mark Elliott eds., The Scope and Intensity of Substantive Review: Traversing Taggart’s Rainbow (Hart Publishing, 2015)

Peter Cane, Controlling Administrative Power: An Historical Comparison (Cambridge University Press, 2016)

Adrian Vermeule, Law’s Abnegation (Harvard University Press, 2016)

This content has been updated on January 20, 2020 at 17:10.