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Judicial Review of Administrative Action is Always Interesting: Kennedy v. The Charity Commissioner 2014 UKSC 20

Towards the beginning of his classic essay “The Core of the Case against Judicial Review“, Jeremy Waldron notes that his argument is not directed against review of executive action, that is, most of what we conventionally call administrative law. The exclusion has always struck me as strange. Waldron’s argument is that courts are ill-suited relative […] Read more

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Opening Closed Doors: Fédération autonome de l’enseignement c. Commission scolaire de Laval, 2014 QCCA 591

A background check on a teacher reveals criminal history. He is fired by the elected members of the local school board after a meeting held behind closed doors. He contests the decision and seeks to question three of the commissioners before an arbitrator. They refuse, citing privilege. Unsuccessfully, as it turns out: Fédération autonome de […] Read more

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Overlapping Jurisdiction and Access to Administrative Justice: Université McGill c. Ong, 2014 QCCA 458

There are two interesting aspects to Université McGill c. Ong, 2014 QCCA 458, a technical aspect about administrative-law doctrine and a substantive aspect about access to administrative justice. O was an employee of McGill University until she was dismissed for mishandling cash and impeding an investigation into missing funds. She vigorously contested the dismissal before […] Read more