Administrative Law Matters

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

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Paper Updates

My paper on Administrative Law Values is now available in revised (much shorter!) form on SSRN: download it here. Abstract: I focus in this essay on judicial review of administrative action, looking at the subject “from the inside, trying to make sense of lawyers’ reasons and arguments as they are actually presented and defended”.  Rather […] Read more

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No Seminole Rocks in the Park: Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015)

The Supreme Court of the United States decision in Perez v. Mortgage Bankers’ Association, 575 U.S. _____ (2015) (discussed here) is also notable for the concurring opinions of Justices Scalia and Thomas, which take aim at Seminole Rock deference. Pursuant to this concept, an administrative agency’s interpretation of its own regulations controls unless it is […] Read more

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Exam Time

I have been busily marking exam scripts for the last couple of weeks, which in part explains the recent slowdown in blogging activity. I thought it would be fun to post my administrative law exam. It’s in French, followed — just for fun — by a Google Translate version: Lors du printemps 2015, les activités […] Read more

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Excluding Procedural Fairness: CPCF v Minister for Immigration and Border Protection [2015] HCA 1

Modern examples of successful exclusion of the rules of procedural fairness are relatively rare. An interesting recent example is  CPCF v Minister for Immigration and Border Protection, [2015] HCA 1, a typically lengthy and thorough decision of the High Court of Australia. There are very useful summaries available on the University of Melbourne’s Opinions on […] Read more