Administrative Law Matters

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

From Blogger

Dunsmuir’s Flaws Exposed

I have a new paper on Canadian administrative law, which is forthcoming in the McGill Law Journal. Here is the abstract: In its decision in Dunsmuir v. New Brunswick, the Supreme Court of Canada attempted to clarify and simplify Canadian judicial review doctrine. I argue that the Court got it badly wrong, as evidenced by […] Read more

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

From Blogger

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