October 15

A power without limit? Pardons, prerogative powers and judicial review

Presidential pardons are back in vogue in the United States. First, it was President Donald Trump’s pardon of the Arizona Sheriff convicted of contempt of court, which Harvard Professor Laurence Tribe and others argued was unconstitutional. Then it was Kim Kardashian’s success in securing a pardon for a non-violent first time drug offender. Finally, there […]

October 03

PETER GREGOIRE: PROPORTIONALITY AND WEDNESBURY: IS THE GREAT CONFLATION BEGINNING IN HONG KONG?

In line with other common law jurisdictions, Hong Kong has adopted “proportionality” as a key test for assessing the legality of measures imposed and decisions made by public authorities in judicial review cases. Proportionality now sits firmly alongside the traditional Wednesbury reasonableness test [1948] 1 KB 223 in this respect. The two tests, however, typically […]

September 28

Swati Jhaveri: Internal Morality of the Administrative State

The recent post by Cass Sunstein and Adrian Vermeule raises the intriguing question of whether there is and, if so, what is the internal moral content of the administrative law principles crafted by the courts. This post considers whether we can take this enquiry further: do the activities of the administrative state have an internal […]

September 26

Cass Sunstein and Adrian Vermeule: The Internal Morality of Administrative Law

Administrative law in the United States (and in many other nations as well) has a kind of morality, closely connected with Lon Fuller’s views about the morality of law. In the United States, important and disparate judge-made doctrines, both large and small, are unified by a commitment to that morality. In numerous cases, federal courts have […]

September 17

ADMINISTRATIVE LAW DIGEST

This post contains a roundup of recent developments (in and out of courts) and recent scholarship in the area of administrative law around the common law world. To submit content for our next update, please email us at alawblogorg@gmail.com. Judicial Developments in Administrative Law Canada: The Supreme Court of Canada held that the Canadian Human Rights […]

September 12

Dinesha Samararatne: Travelling jurisprudence and porous boundaries – prospects for Comparative Public Law

Why do judges consider foreign judgements in writing their own judgements? When lawyers cite foreign authorities in litigation what forms of influence does it have on the proceedings? How does one understand its impact? What frames of analysis should one use to understand the impact? These questions of comparative method are key to understanding the […]

July 18

HOLIDAY BREAK & CALL FOR SUBMISSIONS

Dear Readers, The Blog will be taking a break for the holidays, returning in September with new content. We welcome new submissions and content on any subject of administrative law in the common law world. Please visit here for further information on making a submission. Thank you, The Editors