Administrative Law Matters

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


Administrative Law & Governance Colloquium 2022 (Artificial Administration): Some Reading

This year’s Administrative Law & Governance Colloquium kicks off next week with Professor Catherine Sharkey of New York University. The Colloquium will be virtual and, of course, free of charge. You can register here. Professor Sharkey will be discussing the report she co-authored for the Administrative Conference of the United States on artificial intelligence in […] Read more


Correctness Review, Quasi-Constitutional Questions and Human Rights: United Nurses of Alberta v Alberta Health Services, 2021 ABCA 194

Yesterday, the Supreme Court of Canada dismissed the application for leave to appeal in United Nurses of Alberta v Alberta Health Services, 2021 ABCA 194. As I was retained to act for AHS on the leave application, I considered it was inappropriate to comment on the decision of the Alberta Court of Appeal. With the […] Read more


COVID-19 in Canada: the Legal Framework

I have posted “COVID-19 in Canada: the Legal Framework” to SSRN. This is a ‘country report’ prepared for the International Academy of Comparative Law. Here is the abstract: In the legal framework for Canada’s pandemic response, executive government has been the dominant actor. The responsibility of balancing public health and economic well-being in rapidly evolving […] Read more


Reminder: Understanding Administrative Law in the Common Law World with Mary Liston & Jacob Weinrib: January 26, 11.30 EST

I am looking forward to discussing (and defending!) Understanding Administrative Law in the Common Law World on Wednesday, with Professors Liston and Weinrib. Register here. Professor Liston’s work on the rule of law is required reading for Canadian law students and her vast scholarship on the foundational principles of administrative law comes highly recommended. Professor […] Read more


Constitutionally Conforming Interpretation in Canada

I have posted “Constitutionally Conforming Interpretation in Canada” to SSRN. Here is the abstract: The presumption of constitutionally conforming interpretation is an important part of Canadian constitutional law. But that there is fundamental disagreement about the presumption. This fundamental disagreement reveals the existence of two different camps of lawyers, which I label Type A and […] Read more


The Relativity of Nullity: R (Majera) v Home Secretary [2021] UKSC 46; R (TN(Vietnam)) v Home Secretary [2021] UKSC 41

In its landmark decision in the Case of Prorogations, the United Kingdom Supreme Court suggested that the unlawfulness of Prime Minister Johnson’s advice to the Queen rendered it — and the prorogation that followed — a nullity. Together with the UKSC’s earlier decision in the unusual case of Ahmed (No. 2), the Case of Prorogations […] Read more