March 06

Lisa Burton Crawford: Jurisdictional Error and the Principle of Legality

There is little love for the distinction between jurisdictional and non-jurisdictional errors of law. I gather than many people think it is an esoteric quirk of Australian administrative law, which has no firm conceptual foundation and serves no useful purpose. The Australian High Court is unique in this regard — as, perhaps, am I and […]

March 01

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 The High Court of Australia held that Courts do not have the […]

February 09

Shukri Ahmad Shahizam: Beyond the ‘Objective Test’: Towards Stringent Scrutiny of Ministerial Decision-Making

Scrutiny of executive discretion has never been the Malaysian courts’ strong suit. Despite the existence of constitutionally guaranteed rights, history demonstrates a large degree of deference given to ministers in the exercise of their powers. This includes where such powers are manifest infringements of fundamental liberties without procedural safeguards built into the executive’s decision-making process. […]

December 17

Holiday Break & Call for Submissions

Dear Readers, The Blog will be taking a break for the holidays, returning in January 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, Adam, Farrah and Swati

December 12

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 A US District Court has struck down as unconstitutional President Donald Trump’s […]

November 29

Jarrod Hepburn: Global Administrative Law and the Role of Domestic Administrative Lawyers

The newly-emerging field of Global Administrative Law (GAL) is based on the insight that much administrative action transcends national borders. GAL recognises that many problems have grown too large to be regulated entirely within national jurisdiction, and are now addressed via ‘transnational systems of regulation or regulatory cooperation’, ‘shifting many regulatory decisions from the national […]

November 23

Raeesa Vakil: Appointments to Administrative Tribunals in India

Administrative tribunals in India occupy a historically contested place within the constitutional framework. Much of this contestation has dealt with questions of regulatory independence, and consequently, with the manner of appointments of judges to tribunals. A recent report on restructuring administrative tribunals by the Law Commission of India fails to address this critical question. In […]