On Monday, I began the expansion of my list of twenty important – and positive – lessons from last week’s Vavilov decision. Now, I continue… 8) Access to justice can be facilitated by either reasonableness or correctness review depending on the circumstances. Defenders of reasonableness review frequently defend it on the basis that it facilitates access to justice. This is ...

Today, the Supreme Court of Canada released its decisions in Vavilov and Bell/NFL. I have previously summarized the facts of these cases and analyzed them here (Vavilov) and here (Bell/NFL). Overall, today’s decisions (a 7-2 decision, Abella and Karakatsanis JJ concurring in result) are a net positive for the law of judicial review in Canada. The Court has done a ...

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. Executive orders reached a “heyday” during ...