How should administrative agencies interpret the statutes that they are charged to interpret? In my research, forthcoming in an article in Minnesota Law Review this spring that contributes to the growing body of literature empirically examining the administrative state, I examine how one specific U.S. administrative agency—the National Labor Relations Board—interprets the National Labor Relations […]

Administrative bodies such as the UK’s Office of Fair Trading (‘OFT’) (now the Competition and Markets Authority) are sometimes required to undertake investigations into alleged wrongdoing by groups of individuals or companies. If, in the course of the investigation, an administrative blunder occurs the effect of which is to put one of those individuals or […]

‘[I]n this day and age a right of access to a tribunal or other adjudicative mechanism established by the state is just as important and fundamental as a right of access to the ordinary courts.’ – Baroness Hale, R v Secretary of State for the Home Department ex parte Saleem [2001] 1 WLR 443, 458 […]

The design of appropriate remedies to cure harm occasioned by the administrative process has shown to be a perennial plague for the South African judiciary. Of the hurdles experienced includes the broader dilemma of whether private law or public law is to regulate a matter and thereafter provide redress. In particular, courts have displayed a […]

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 Australia: The High Court recently dismissed an application which sought to review […]

  Judicial Developments Australia: The Federal Court of Australia dismissed an application for judicial review against a decision made by the Assistant Minister for Home Affairs to revoke a delegate of the Minister’s decision to overturn the originally mandatory cancellation of the Applicant-Appellant’s migrant visa. The Court held that the Appellant had failed to prove […]

Australian academic analysis of the interaction between public international law and domestic administrative law is largely framed by models that no longer characterize that interaction well. Australian scholarship on the domestic implementation of international law, insofar as it discusses administrative law, focuses on enforcement by the courts of unincorporated treaty commitments through the legitimate expectations […]