Administrative Law Matters

Commentary on developments in administrative law, particularly judicial review of administrative action by common law courts.

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The Vavilov Framework II: Reasonableness Review

In their hard-hitting concurring reasons in Vavilov, Abella and Karakatsanis JJ charge the majority with “reviv[ing] the kind of search for errors that dominated the pre-C.U.P.E. era” (at para. 199). Although there are some differences of detail, and some internal tensions in the majority’s articulation of a new methodology for reasonableness review, on balance the […] Read more

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Human Rights in Administrative Decision-making II: Organizational and Ontological Reasons for the Inevitability of Administrative Discretion and Judgement

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