2019

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

Comments

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

Comments

Is the Federal Courts Act a Quasi-Constitutional Statute? Deegan v. Canada (Attorney General), 2019 FC 960

The term “quasi-constitutional” is sometimes attached to statutes said or held to have special status relative to other statutes. Typically, the “quasi-constitutional” statute is one which protects or seeks to entrench important individual rights. But there is no reason that only statutes concerned with rights should be eligible for the “quasi-constitutional” label (see Vanessa MacDonnell). […] Read more

Comments

Tough Times for the Anti-Administrativists

Anti-administrativists have not had a good couple of weeks. For the past few years, the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitments of the Founding Fathers. Too often, however, the arguments of the anti-administrativists portray a cartoonish version of modern public administration, […] Read more