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


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 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


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. […]