Public law theory | Page 2


Judicial Deference to Administrative Tribunals in Canada: its History and Future

Is the decision of an administrative tribunal owed deference on the review standard of “reasonableness”? What constitutes an “unreasonable” interpretation of the law? What is the proper application of the deferential standard of review? In short – and based on the ongoing evolution of the deference doctrine – when is it appropriate for a reviewing […] Read more

Academic papers

Administrative Law: A Values-Based Approach

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 than starting from the constitutional basis of judicial review and working backwards to practice, I start by identifying the core […] Read more


Hamburger’s “Is Administrative Law Unlawful?” (With Spoilers!)

Philip Hamburger‘s Is Administrative Law Unlawful? has been getting much attention in the blogosphere recently. Hamburger guest-blogged at the Volokh Conspiracy — and his series of posts laid out his position, an emphatic “Yes”, with admirable clarity — and his detractors (Adrian Vermeule, here and here) and supporters (Gary Lawson, Michael Ramsey) are now hammering […] Read more