Thursday, 27 February 2014

Lawson and Kam on the Development of Chevron Deference

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In a mammoth recent paper on Chevron deference, Gary Lawson and Stephen Kam trace the origins of the doctrine: Making Law out of Nothing at ...
Thursday, 20 February 2014

David Miranda and the Constraints of the "Prescribed by Law" Requirement: Miranda v. Home Secretary, [2014] EWHC 255

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Laws L.J. delivered the judgment of the Divisional Court yesterday in Miranda v. Home Secretary , [2014] EWHC 255 , a judgment explained by ...
Wednesday, 12 February 2014

Deference outside a Decision-Maker's 'Home' Statute: Bernard v. Canada (Attorney General), 2014 SCC 13

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There is another aspect of Bernard v. Canada (Attorney General) , 2014 SCC 13 (discussed here ) that is of general interest. When the matte...
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Tuesday, 11 February 2014

Giving Directions to Administrative Decision-Makers (for Self-Represented Litigants): Bernard v. Canada (Attorney General), 2014 SCC 13

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Bernard v. Canada (Attorney General) , 2014 SCC 13 represents the end of a long struggle for Ms. Bernard, an employee of the Can...
Monday, 10 February 2014

Laverne Jacobs on "Grounded Impartiality"

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The standard for impartial decision-making in administrative law continue to pose difficulties in practice. Here is an interesting new paper...
Friday, 7 February 2014

An Intervention on Interventions: Canada v. Pictou Landing First Nation, 2014 FCA 21

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Stratas J.A. has suggested a new set of guidelines to govern applications for intervener status before the federal courts : Canad...
Thursday, 6 February 2014

Staying out of the Wilderness of Single Instances: Some Thoughts on Context and Procedural Fairness

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At the centre of R. (L.) v. West London Mental Health NHS Trust , [2014] EWCA Civ 47 was a man with significant mental health challenges. I...