TOPIC If an adjudicative tribunal is not independent and/or demonstrably impartial -i.e., is, in law, biased – surely respect-based deference cannot be justified. PREFACE In previous posts on this website (see below), and in Unjust by Design (pages 289-290), I […]
Standard of Review – No Deference for a Biased Tribunal Read More »
INTRODUCTION In my July 14, 2014, post respecting the Federal Court’s decision in Muhammad, I characterized that decision as evidencing a danger that in the administrative justice system the rule of law was becoming an ignis fatuus (pronounced fach-oo-us) –
Rule of Law, Antidotes for the Ignis Fatuus Syndrome Read More »
This post is the promised sequel to my May 28, 2014 post on the Federal Court decision in Muhammad v. Canada (Citizenship and Immigration), 2014 FC 448 (CanLII), concerning the law of independence and bias in the administrative justice system.
Rule of law in the Administrative Justice System – an ignis fatuus? Read More »
Here is a video tape of Ellis’s Donner Prize interview in which he describes the main themes of Unjust by Design.
Unjust by Design – Ellis Donner-Prize Interview Read More »
Acknowledgement I am indebted to Professor Paul Daly and his blog Administrative Law Matters for highlighting the following decision. PREFACE The Case The decision addressed in this Post is the decision of Strickland J. in Muhammad v. Canada (Citizenship and Immigration),
Administrative Justice: APPREHENDING BIAS – WHAT WILL IT TAKE? Read More »