internal standard of review | Page 2

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Judicial Review, Proportionality and Appellate Standards: R(AR) v Chief Constable of Greater Manchester Police [2018] UKSC 47

What should an appellate court do in an appeal from an application of the proportionality test by a lower court? In his judgment for a unanimous UK Supreme Court in R (AR) v Chief Constable of Greater Manchester Police [2018] UKSC 48, Lord Carnwath concluded that the appellate court need not conduct the proportionality analysis […] Read more

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Reasonableness Review in Action: Canada (Attorney General) v. Igloo Vikski Inc., 2016 SCC 38

An interesting aspect of the Supreme Court of Canada’s recent decision in Canada (Attorney General) v. Igloo Vikski Inc., 2016 SCC 38 is the application of reasonableness review. The question was whether certain items of hockey equipment used by goalkeepers are a “glove, mitten or mitt” or an “article of plastics”, an important question because different tariffs […] Read more

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Values, Doctrine and Decisions in Judicial Review of Administrative Action

In his London School of Economics Ph.D. thesis, Dean Knight offers an interesting theoretical perspective on judicial review doctrine. Grouping writers and judges into four broad groups, ranging from those who prefer more formalistic, bounded approaches to those who embrace thorough contextual inquiry, he assesses each group against Lon Fuller’s ‘internal morality of law’. Knight’s […] Read more

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Vavilov on the Road

I have posted “Vavilov on the Road” to SSRN. Here is the abstract: In this paper, I draw attention to recent cases and issues arising from the Supreme Court of Canada’s 2019 reformulation of administrative law principles in Vavilov. These recent materials either confirm the direction of travel or require slight adjustments to keep things […] Read more