July 18


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

July 17

Prashant Narang: Difficulty of Doing Business – A Study of Judicial Review of Economic Restrictions

The post argues that in the context of article 19(1)(g) – Right to practise Profession, Occupation, Trade and Business (POTB) of the Constitution of India, the Court often responded to constitutional challenges under article 19(1)(g) with either a partial review, weak review or deference. Judicial Review under article 19(1)(g) As per the Constitution, reasonableness and […]

July 16

Mark Mancini: 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 […]