The Supreme Court of Canada had not addressed a challenge to the vires of delegated legislation since reformulating the framework for judicial review of administrative action in Dunsmuir until today's decision in Katz Group Canada Inc. v. Ontario (Health and Long-Term Care), 2013 SCC 64. A good summary is available here.
Showing posts with label vires. Show all posts
Showing posts with label vires. Show all posts
Friday, 22 November 2013
Wednesday, 30 October 2013
Liberty, Vires and Fairness: the UKSC Decision on Workfare
The UK government has established a variety of schemes with the goal of returning welfare recipients to the workforce. Some require claimants to work in return for benefits. R. (Reilly) v. Secretary of State for Work and Pensions, [2013] UKSC 68 addresses the legality of two of these "workfare" schemes. Of particular interest, given the implications for the applicants' freedom of choice, is the interpretive approach taken by the UK Supreme Court. This, it seems to me, is long on principle, but short on practical effect.
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