The Administrative State in Practice

This advanced seminar will explore the functioning of the state – its Ministers, departments and officials, as well as its tribunals and independent agencies – and the efficacy of administrative law as the fundamental set of rules that enables that functioning. The course will explore the structure and efficacy of the Executive branch of government including its different administrative systems as tools to address current legal, social and public policy challenges. The object is to develop (i) broader insight into the functioning of administrative state and administrative law principles, (ii) the ability to critically assess the successes and failures of Executive authority and the processes and rules surrounding it in meeting the public interest, and (iii) a deeper understanding of the strategic use of administrative law litigation to affect the implementation of government policy from the ground up. To advance those objectives, we will examine a variety of case studies, which may include: artificial intelligence; state security apparatus; international and interprovincial trade; First Nations governance; malinformation; harmful online activity; environmental regulation; public inquiries, or other current policy problems. The course may involve guest speakers with particular insight into the systems under discussion.