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Judicial Musical Chairs II: the Constitutionality of Robert Mainville’s Appointment to the Quebec Court of Appeal
The legality of the appointment of Mainville J.A. to the Quebec Court of Appeal from the Federal Court of Appeal has been challenged. Several jurists have weighed in on the question: Hugo Cyr, Maxime St-Hilaire and Robert Décary* all take the view that a federal court judge cannot lawfully be appointed to a Quebec Court […] Read more
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Administrative Law Values III: Institutional Review
I have a new essay on SSRN, “Administrative Law: A Values-Based Approach“, prepared for the inaugural Public Law Conference at the University of Cambridge later this year. This is the latest in a series of mini-posts. Download the whole essay here. Institutional Review: Bias[1] Different jurisdictions formulate the test for impartiality differently, but as a […] Read more
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L’abolition du registre des armes d’épaule : le rôle potentiel des principes non écrits
I have a short paper on SSRN on the gun registry case that will be heard by the Supreme Court of Canada in the Fall. Here is the abstract: Section 29 of the Ending the Long-Gun Registry Act orders federal and provincial officials to destroy gun-registration records collected collaboratively over a period of two decades. […] Read more
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Healthcare for Refugees: The Scope of the Prerogative
Last week’s Federal Court ruling in Canadian Doctors for Refugee Care v. Canada, 2014 FC 651 that cuts to refugee healthcare were “cruel and unusual” punishment [ed: treatment, not punishment] that violated the Charter has understandably created a great deal of noise. The case will go on appeal, possibly to the Supreme Court of Canada. […] Read more
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Canada’s Anti-Spam Law: Enforcement Discretion and Guidelines
Canada has a new anti-spam law. Sending commercial electronic communications without the recipient’s consent is no longer permitted. But “commercial activity” is very broadly defined: “any particular transaction, act or conduct or any regular course of conduct that is of a commercial character, whether or not the person who carries it out does so in […] Read more
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Libertarian Administrative Law
Adrian Vermeule and Cass Sunstein have an intriguing new paper on Libertarian Administrative Law: In recent years, several judges on the nation’s most important regulatory court — the United States Court of Appeals for the District of Columbia Circuit — have given birth to libertarian administrative law, in the form of a series of judge-made […] Read more
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Administrative Law Values II: the Four Values
I have a new essay on SSRN, “Administrative Law: A Values-Based Approach“, prepared for the inaugural Public Law Conference at the University of Cambridge later this year. This is the latest in a series of mini-posts. Download the whole essay here. A. The Rule of Law My discussion of the rule of law as an […] Read more
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Hart/Scalia vs. Fuller/Breyer
Paul Daly July 5, 2014 Administrative law / Public law theory
There are shades of the Hart vs. Fuller debate in the disagreement between Scalia J. and Breyer J. in last week’s greenhouse gases case: UARG v. EPA. As part of a much wider debate about the relationship between law and morality, Hart and Fuller jousted over a rule prohibiting vehicles in the park. To simplify […] Read more
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Administrative Agencies Running Amok: the Greenhouse Gases Case
Commenter Concerned in Canada left an important comment on my post on Charter interpretation by administrative decision-makers. Her underlying concern is broader, however, and is probably shared by many. Here is the comment, lightly edited to focus on the broader concern: [H]ow concerned are you that your radical approach will essentially boil down to administrative […] Read more
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Welcome to administrativelawmatters.com
The change is now complete. Email subscribers should not have noticed a difference. RSS subscribers might have received a one-time glut of posts over the weekend: my Feedly feed certainly did. If you have had any problems, please do not hesitate to contact me. Read more