The Relativity of Nullity: R (Majera) v Home Secretary [2021] UKSC 46; R (TN(Vietnam)) v Home Secretary [2021] UKSC 41

In its landmark decision in the Case of Prorogations, the United Kingdom Supreme Court suggested that the unlawfulness of Prime Minister Johnson’s advice to the Queen rendered it — and the prorogation that followed — a nullity. Together with the UKSC’s earlier decision in the unusual case of Ahmed (No. 2), the Case of Prorogations […] Read more


Exceptional Circumstances? O.K. Industries Ltd. v. District of Highlands, 2022 BCCA 12

In Vavilov, the Supreme Court of Canada established three correctness categories which are exceptions to the presumption of reasonableness review. The majority also noted that these categories are not necessarily closed. To date, there has been little interest in identifying new categories, with the exception of Stratas JA’s discussion in Entertainment Software Association (in which […] Read more


Administrative Law in the Digital World

With Joe Tomlinson (York) and Jennifer Raso (Alberta) I have posted “Administrative Law in the Digital World” to SSRN, a chapter to appear in Carol Harlow ed., Research Handbook on Administrative Law (Edward Elgar, 2022): The rapid advancement of digital technologies is now reaching into almost every aspect of human life. Administrative law scholars cannot […] Read more