July 16

Deference and Delegation as Fickle Bedfellows

The administrative state, the supposed sword of progressives, is not necessarily so. In many countries, the administrative state was constituted on the urging of progressives to advance a social justice agenda. In the United States, progressive reformers during the New Deal era sought to make government a “prescriptive entity” designed to advance certain progressive goals. […]

June 27

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 unanimously rejected judicial review of the […]

June 26

Cynthia Farid: Administrative Law in Postcolonial South Asia – Some thoughts on Legal History

South Asia’s contemporary scholarship on administrative law places considerable emphasis on courts and judicial review. Contrarily, Euro-American discourse is, among other things, preoccupied with quasi-judicial institutions. In South Asia, Institutions such as commissions are no doubt tasked with oversight of elections and other aspects of governance (often with very little autonomy). Nevertheless, Courts have been […]

June 07

What is the ‘common law world’ insofar as administrative law is concerned? Reflections on editing Questioning the Foundations of Public Law (Hart 2018).

I have generally been skeptical about whether there is much analytic utility to the idea of ‘administrative law in a common law world’.  Simply put, I do not think that common law jurisdictions are coherent enough, or distinctive enough, in their treatment of administrative law to meaningfully distinguish such treatment from the various ways that […]

Lee Marsons: Bifurcation and deference: a comparison of Indian and English proportionality

In a previous post on this blog discussing proportionality in English administrative law, I mentioned in passing that proportionality had been problematic in Indian law. I quoted the Indian advocate, Ajoy, who noted that, ‘…even today the Indian legal system has not come to terms with the doctrine. There is hardly any case where the doctrine […]

May 15

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 Malaysia: The Court of Appeal declined making a declaration, sought by Maljis […]

May 10

Janet McLean: Public Office and Public Law

This blogpost was first published on the I-CONnect blog. In the West we often talk quite glibly about the democratic underpinnings of administrative law. In this project I investigate what English administrative law looked like when property was the basis of political authority and how the administrative apparatus, and the norms which governed it, changed […]