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Human Rights in Administrative Decision-making II: Organizational and Ontological Reasons for the Inevitability of Administrative Discretion and Judgement
Paul Daly December 12, 2019
This is the second post in a series. The first post can be found here. Even if we were to allow, for the sake of argument, that statutory provisions are always clear, discretion and judgement could not be eliminated from administrative decision-making. With respect to the administration of statutes – their implementation by front-line officials […] Read more
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ANU Law 60th Anniversary Conference: Public Law and Inequality
Paul Daly December 10, 2019
To mark the 60th anniversary of ANU Law and the 30th anniversary of the Centre for International and Public Law (CIPL), a major public law conference will be held at the Australian National University in Canberra, on 8-9 December 2020. Full details can be accessed here. Conference theme: Public Law and Inequality Growing inequality is a defining challenge of our times, domestically […] Read more
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In Defence of Mashaw’s Administrative Justice Models
Paul Daly December 9, 2019
In their excellent book Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) (discussed here) Margaret Doyle and Nick O’Brien attack what they perceive as a neoliberal, individualistic turn in thinking about human rights and administrative justice. No quarter is given by the authors to those they consider responsible, one of whom is […] Read more
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And Now, Live from the Public-Private Divide…R (Liberal Democrats and Scottish National Party) v ITV Broadcasting Ltd [2019] EWHC 3282 (Admin)
Paul Daly December 6, 2019
Britain is currently in the throes of a general election in which, an unkind Transatlantic observer might say, the question for many voters is ‘who is the evil of two lessers?’ It is quite likely, indeed almost certain, that Boris Johnson or Jeremy Corbyn will be occupying 10 Downing Street come January 1, 2020, notwithstanding […] Read more
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Some Thoughts on Doyle & O’Brien, Reimagining Administrative Justice: Human Rights in Small Places
Paul Daly December 4, 2019
In Reimagining Administrative Justice: Human Rights in Small Places (Palgrave MacMillan, 2019) Margaret Doyle and Nick O’Brien have made a wonderful contribution to the public law literature. By turns playful, polemical and provocative, the authors set out to challenge much of the received contemporary wisdom about administrative justice. Their motive is to fight back against […] Read more
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Waiting for Godot: Canadian Administrative Law in 2019
Paul Daly December 2, 2019
I have posted my “year in review” paper to SSRN. The title is “Waiting for Godot: Canadian Administrative Law in 2019“. Here is the abstract: The first half of my “year in review” paper covers the Supreme Court’s much-anticipated trilogy of decisions on the standard of review of administrative action (Part I); some of the […] Read more
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Inaugural Lecture: Plural Public Law, March 4, 2020
Paul Daly November 28, 2019
I will be giving the inaugural lecture for my University Research Chair in Administrative Law & Governance at the University of Ottawa on Wednesday, March 4, 2020 at 5pm (FTX302, 57 Louis Pasteur Private, Ottawa K1N 6N5). The title is “Plural Public Law”, The Right Honourable Richard Wagner, Chief Justice of Canada, will introduce the […] Read more
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Artificial Administration: Administrative Law in the Age of Machines
Paul Daly November 26, 2019
I have posted “Artificial Administration: Administrative Law in the Age of Machines” to SSRN. Here is the abstract: We live in the era of Big Data and we are now entering the world of artificial administration, where governmental bodies will replace or displace human decision-makers with information technology. A clash of value systems is or […] Read more
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Human Rights in Administrative Decision-Making I: Discretion and Judgement in Statutory Interpretation
Paul Daly November 22, 2019
Last month I gave a talk at the Journal of Commonwealth Law’s symposium on Human Rights in Administrative Agencies at the Université de Montréal, entitled “The Inevitability of Administrative Discretion and What it Should Mean for Human Rights”. Here’s the abstract: Given the vagaries of language and life there is no such thing as “clear” […] Read more
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Events Next Week in Toronto and Vancouver
Paul Daly November 18, 2019
I am hitting the road next week for two events on Canadian administrative law. First, I am very happy to be speaking with Stratas JA at the OBA’s Annual Update on Judicial Review in Toronto next Tuesday (November 26). Having participated via videolink in recent years, into the early hours of the morning in the […] Read more