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Admin Law Blog

@adminlawblog

A community blog about administrative law in the common law world, edited by Balu G Nair, Gabriel Tan, Kenny Chng, Megan Pfiffer, and Oren Tamir.

adminlawblogorg.wordpress.com/about/
Joined November 2016
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Kenny Chng: When is it unlawful to depart from a policy? adminlawblogorg.wordpress.co…
Kenny Chng: When is it unlawful to depart from a policy?

Kenny Chng: When is it unlawful to depart from a policy?

While administrative policies are not law, it is a well-established doctrine of judicial review in English law that public bodies have a duty to comply with their policies. This duty has been expre…

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Edward Lui: Speaking of Bad Faith adminlawblogorg.wordpress.co…
Edward Lui: Speaking of Bad Faith

Edward Lui: Speaking of Bad Faith

We rarely talk about bad faith in English administrative law. The authors of De Smith’s Judicial Review suggest that “[a]lthough a decision taken in bad faith will clearly be unlawful, th…

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Nadiv Mordechay: The Rise of Unitary Removal Power: Israel and the United States adminlawblogorg.wordpress.co…
Nadiv Mordechay: The Rise of Unitary Removal Power: Israel and the United States

Nadiv Mordechay: The Rise of Unitary Removal Power: Israel and the United States

Introduction Across constitutional systems with profoundly different institutional architectures, a similar development has recently emerged: the expansion of executive claims to discretionary remo…

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Megan Pfiffer: New Voices, New Perspectives: Introducing Comparative Administrative Law, Third Edition adminlawblogorg.wordpress.co…
Megan Pfiffer: New Voices, New Perspectives: Introducing Comparative Administrative Law, Third...

Megan Pfiffer: New Voices, New Perspectives: Introducing Comparative Administrative Law, Third...

Comparative administrative law has come a long way since the late nineteenth century, when Frank J. Goodnow published his pioneering study of administrative systems in the United States and Europe.…

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Rephael Stern: The Puzzle of Notice-and-Comment Rulemaking’s Past and its Uncertain Future adminlawblogorg.wordpress.co…
Rephael Stern: The Puzzle of Notice-and-Comment Rulemaking’s Past and its Uncertain Future

Rephael Stern: The Puzzle of Notice-and-Comment Rulemaking’s Past and its Uncertain Future

Notice-and-comment rulemaking has not escaped the Trump Administration and its allies’ assault on the governing institutions of the United States. A centerpiece of the American administra…

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Vatsal Golyan: Ex Post Facto Environmental Clearances in India adminlawblogorg.wordpress.co…
Vatsal Golyan: Ex Post Facto Environmental Clearances in India

Vatsal Golyan: Ex Post Facto Environmental Clearances in India

The Indian Supreme Court’s decision in the Confederation of Real Estate Developers of India v. Vanashakti (“Review judgment”) upheld a notification issued by the Ministry of Environment, …

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Andrea Scoseria Katz & Ofra Bloch: The Tariff Case and the Major Questions Doctrine: An Outcome in Search of a Theory adminlawblogorg.wordpress.co…

Andrea Scoseria Katz & Ofra Bloch: The Tariff Case and the Major Questions Doctrine: An Outcome in...

The Supreme Court’s decision in Learning Resources, Inc. v. Trump is a significant constitutional moment—and also a revealing one. By a 6-3 vote cutting across conventional lines, the Cou…

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Benjamin Joshua Ong: Reflections on judicial supervision of prosecutorial powers adminlawblogorg.wordpress.co…
Benjamin Joshua Ong: Reflections on judicial supervision of prosecutorial powers

Benjamin Joshua Ong: Reflections on judicial supervision of prosecutorial powers

Introduction: the grounds of judicial review of prosecutorial powers The courts occasionally claim that the limits to the power to prosecute are different from the limits to other executive powers.…

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Andrea Scoseria Katz & Ofra Bloch: The Major Questions Doctrine Meets Trump’s Tariffs: Judicial Principle and Presidential Power in the Balance adminlawblogorg.wordpress.co…
Andrea Scoseria Katz & Ofra Bloch: The Major Questions Doctrine Meets Trump’s Tariffs: Judicial...

Andrea Scoseria Katz & Ofra Bloch: The Major Questions Doctrine Meets Trump’s Tariffs: Judicial...

At one point during oral arguments last November in Learning Resources, Inc. v. Trump—the case in which the U.S. Supreme Court will pronounce on President Trump’s “Liberation Day” tariffs—Just…

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Angelo Ryu: The Myth of Anisminic adminlawblogorg.wordpress.co…
Angelo Ryu: The Myth of Anisminic

Angelo Ryu: The Myth of Anisminic

Say I purport to exercise a power. Private lawyers might then ask: Did I actually exercise a power? And if so, was it exercised improperly?  Here’s one way this distinction might matter. If I …

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Dane Luo: Re-examining the power of courts to make injunctions to restrain motions and debates in Parliament adminlawblogorg.wordpress.co…
Dane Luo: Re-examining the power of courts to make injunctions to restrain motions and debates in...

Dane Luo: Re-examining the power of courts to make injunctions to restrain motions and debates in...

Parliamentary privilege protects the freedom of members of Parliament to say what they want (speech) and decide what they will say (debate) within the four walls of Parliament. It is for this reaso…

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Alistair Mills: Law and Policy, Policy and Law adminlawblogorg.wordpress.co…
Alistair Mills: Law and Policy, Policy and Law

Alistair Mills: Law and Policy, Policy and Law

Administrative policies are at the centre of modern-day administrative decision-making.  Policy documents have such an important co-ordinating and centralising function that some scholars…

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Nicholas R. Bednar: Autocratic Legalism and Civil Service Laws adminlawblogorg.wordpress.co…
Nicholas R. Bednar: Autocratic Legalism and Civil Service Laws

Nicholas R. Bednar: Autocratic Legalism and Civil Service Laws

For more than a century, a civil service grounded in expertise and experience has been a defining feature of modern administrative states. A government’s workforce supplies the administrative capac…

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Admin Law Blog relaunch adminlawblogorg.wordpress.co…
The Admin Law Blog is relaunching!

The Admin Law Blog is relaunching!

A happy new year to all of you! We are very pleased to announce that the Admin Law Blog will be relaunching with a new editorial team. The new editorial team members are: Balu G Nair, PhD candidate…

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Dinesha Samararatne and Tavini Nanayakkara: The diffusion of the Public Trust Doctrine in South Asia: Environmental Constitutionalism or Beyond? adminlawblogorg.wordpress.co…
Dinesha Samararatne and Tavini Nanayakkara: The diffusion of the Public Trust Doctrine in South...

Dinesha Samararatne and Tavini Nanayakkara: The diffusion of the Public Trust Doctrine in South...

This blog post is based on a chapter in the 3rd edition of the Edward Elgar Handbook on Comparative Administrative Law which is forthcoming. The Public Trust Doctrine (PTD) is a concept that is fam…

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Balu G Nair: India’s Administrative Citizenship Regime adminlawblogorg.wordpress.co…
Balu G Nair: India’s Administrative Citizenship Regime

Balu G Nair: India’s Administrative Citizenship Regime

Much has been written about the recent citizenship crisis in India in the aftermath of the enactment of the Citizenship (Amendment) Act, 2019 (CAA). The extensive attention attr…

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The Admin Law Blog is back after a long hiatus, with a group of new editors - Kenny Chng, @finishedloading, and @kgberger. We are grateful to @aFarrahAhmed, @JoePTomlinson, and Swati Jhaveri for their work on the blog and passing on the baton so smoothly.
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We are now accepting submissions - details contained in the submissions page of our website. We accept submissions on any subject of administrative law in the common law world, and are particularly keen on group submissions by multiple scholars on a common topic.
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Philipp Renninger: The Curious Case of Gateway Arch or: National + Park = National Park? adminlawblogorg.wordpress.co…
Philipp Renninger: The Curious Case of Gateway Arch or: National + Park = National Park?

Philipp Renninger: The Curious Case of Gateway Arch or: National + Park = National Park? 

On February 22, 2018, Donald Trump signed the Gateway Arch National Park Designation Act into law. This act redesignated the “Jefferson National Expansion Memorial” as “Gateway Arch Natio…

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Shreyas Sinha: The Costs of Administrative Rulemaking and the Calculus of Consent adminlawblog.org/2022/12/07/…
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