Readers will forgive a slightly more personal post. This morning, I learned of the sudden death of Professor Conor Gearty KC. Amongst a very great many other things, Conor was my first cousin, once removed. We first met — after many family mentions of this brilliant but slightly mysterious figure who blazed a trail in […] Read more
Last year, in Auer the Supreme Court of Canada applied the reasonableness standard to judicial review of regulations, settling a vibrant academic debate and appellate split in favour of the Vavilov framework. Two important recent appellate decisions underscore that Vavilov is the general framework for judicial review of administrative action: Universal Ostrich Farms Inc. v. Canada (Food Inspection […] Read more
Readers will know that one of the unresolved questions still lingering post-Vavilov is the standard of review applicable to appeals of arbitration awards (see Part III here and also here). This is a subtly difficult question. Prior to Vavilov, the Supreme Court of Canada had held that the judicial review framework applies to arbitration appeals: Sattva Capital […] Read more
The website and call for papers for the 2026 Public Law Conference, in Cape Town, is now online. The theme is the future of constitutional democracy and there is a non-exhaustive list of illustrative topics: The future of constitutional democracy and the rule of law / the separation of powers The legislature, electoral systems, democratic […] Read more
