Public law theory | Page 3


Canada’s Bi-Polar Administrative Law: Time for Fusion

Canadian judicial review of administrative action is structured around two poles: substantive review and procedural review. On matters of substance, the administrative decision maker is generally accorded deference by the reviewing court. On matters of procedural fairness, the court accords no deference, and determines the “correct” process. The author argues that this distinction is indefensible […] Read more

Judicial and administrative training

Canada’s Least Wanted: The Two Perspectives of the Administrative Lawyer

Abstract Taking a leaf out of a book first written by the FBI, the federal government has tasked the Canada Border Services Agency with the preparation and maintenance of a ‘Most Wanted’ list. The CBSA list bears some resemblance to that of the FBI: on it feature individuals, complete with photographs and short biographies, judged […] Read more

Book chapters

Blown Out of All Proportion: the Case Against Proportionality as an Independent Head of Review

Law and Outsiders is a collection of essays examining cutting edge developments in law. Thirteen essays from leading young scholars cover five important areas of legal scholarship: adjudication, European law and politics, migration, vulnerable minorities, and legal values. The recurring theme in the volume is the way in which rules and processes are contributing to […] Read more


Deference on Questions of Law

Abstract Contrary to the modern English position, it may be appropriate for reviewing courts to accord deference to interpretations of law rendered by administrators. There is no basis for the current strong presumption against according such deference. It is possible that the legislature intended to delegate the resolution of many questions of law to administrators, […] Read more