The Scope and Meaning of Reasonableness Review After Vavilov

Authors

  • Paul Daly

DOI:

https://doi.org/10.29173/alr2843

Abstract

This article examines the scope and meaning of reasonableness review in Canadian administrative law, revisiting themes first discussed in the author’s 2015 article. It highlights the narrow scope of correctness review, the rejection of contextual analysis, and the adoption of “thin” conceptions of the rule of law and institutional design. The article examines the structure of reasonableness review, focusing on coherent reasoning and the central role of “constraint” in managing tensions within the framework. The framework from Canada (Minister of Citizenship and Immigration) v Vavilov has achieved sociological and normative legitimacy by balancing competing values in Canadian administrative law. Five years on, Vavilov has proven to be a pragmatic, consensus-building framework — valued more for its practical success than theoretical perfection.

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Published

2025-10-04

Issue

2025: Vol 63, No 1: Special Edition: Vavilov at 5 Conference

Section

Articles

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