In response to the report of the Independent Review of Administrative Law, the UK government launched a consultation period on several targeted reforms to judicial review. One of these relates to so-called ‘Cart’ judicial reviews, continuing the tortuous tale of the relationship between the UK’s tribunal structure and its superior courts. Another relates to clarifying the law of remedies, the topic of […] Read more

The Administrative Review Council (ARC) was a vital part of the Kerr Committee’s recommendations for increased oversight of executive decisions that impact individuals. The Kerr Committee recorded that ‘fundamental to our system for the introduction of a proper system of administrative review, both on the law and on the merits, is a continuously operating Council…’. […] Read more

I am currently knee-deep in exam scripts, having taught Administrative Law twice in the Winter Term (once in English, once in French). I thought readers might be interested in taking a look at the final exam I set (70%, with a mid-term accounting for the other 30%). A is an inmate in a federal penitentiary. […] Read more

An invaluable free resource on Canadian administrative law has just been updated (as it is every six months or so), Stratas JA’s “The Canadian Law of Judicial Review: Some Doctrine and Cases“: It is hard to find a useful, up-to-date summary of the Canadian law of judicial review. This summary attempts in a scholarly way […] Read more

Windsor Law, in association with Tribunal Watch Ontario, is holding two free webinars on tribunal independence. Tribunal Independence and Impartiality kicks off tomorrow, May 25, with another event on June 1. The webinar speakers have contributed short blog posts, which can be accessed here. The jumping-off point is provided by Tribunal Watch’s The Adjudicative Tribunal System: Statement of Principles […] Read more

In my previous post on References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, I discussed Côté J’s partial dissent on the constitutionality of Henry VIII clauses. There I noted that the argument about the constitutionality of Henry VIII clauses turns in part on the existence of robust judicial oversight. The topic of this […] Read more

Last month, the Supreme Court of Canada issued its decision in the References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11. I am going to post three pieces on the decision: this one, on constitutional limits on delegation in Canada; a second on review of regulations made under the Act, especially Part 2 of […] Read more

Cross-posted from Australian Public Law blog: for the opening post in the series, see here. As Janina Boughey has recently observed, the reforms that followed from the report of the Administrative Review Committee, more commonly known as the Kerr Committee, were sweeping and, at the time, revolutionary. It is now nearly 50 years since the […] Read more

In New Brunswick – Canada’s only bilingual province – there is a constitutional challenge to the appointment of a unilingual Lieutenant Governor. The Centre for Public Law held a panel discussion on the case last week. My comments, which relate to the justiciability of prime ministerial advice to the Governor General and the justiciability of […] Read more