Administrative Law Matters

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

From Blogger

Standard of Review in the Copyright Cases

Last week the Supreme Court of Canada released its reasons in a “fivefecta” of copyright cases. Interesting questions were raised. Are additional royalties payable when a video game is downloaded rather than bought over the counter? Is streaming a communication to the public which requires payment to the copyright holder? When a consumer listens to […] Read more

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Deference and Defence

Mindful of the threat of a terrorist attack during the Olympics, the British authorities have developed an Air Security Plan. One element of the plan is to install missiles on the roof of a residential apartment tower in Leytonstone. Unsurprisingly, the residents were upset. They went, unsuccessfully, to the High Court to judicially review the […] Read more

From Blogger

Principles of Good (Digital) Administration

One of the drivers of the development and application of doctrine in administrative law is the concept of the principles of good administration. On one view, courts and administrators work collaboratively to produce rational and efficient policies and decisions.Fleshing out the principles of good administration is an interest of mine, so I was intrigued to […] Read more

From Blogger

Human Rights Remedies and Administrative Bodies

Unlike many (perhaps most?) other countries, Canada allows administrative bodies to make non-binding interpretations of constitutional provisions and to grant remedies for human rights violations by state actors.To put it in terms first suggested by the now-Chief Justice, the constitution is “not some holy grail which only judicial initiates of the superior courts may touch” […] Read more

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While I Was Away

Penn Law’s blog on regulation has published an interesting series of posts on Mitt Romney’s regulatory policy, collected here. Gold star to Ron Cass, who identifies the malleability of cost-benefit analysis and suggests: “presidential enthusiasm for or suspicion of regulation (or sensitivity to particular aspects of it) can significantly affect how administrative agencies go about […] Read more

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Blogging Hiatus

I am off on what promises to be an electronics-free holiday until the start of July. On my return, I expect to have a look at the interesting decision of the Supreme Court of the United States in Elgin v. Department of the Treasury, discussed here by Steve Vladeck. One of the issues there is […] Read more