Kate Glover Berger

Kate Glover Berger

Academic Degrees:

B.A. (McGill), LL.B. (Dalhousie), LL.M. (Cambridge), D.C.L. (McGill)

Email: kate.berger@uwo.ca
Phone: 519-661-2111, ext.  80038
Office: LB 28

Professor Kate Glover Berger joined the faculty of Western Law in 2015.  Her scholarly and teaching expertise lies in administrative and constitutional law. Professor Berger co-chairs the Annual National Forum on Administrative Law, convenes the annual Coxford Lecture on the Rule of Law, and co-directs the Western Public Law Research Group. She earned her doctorate in law from McGill University as a Vanier Scholar and the O’Brien Fellow in Human Rights and Legal Pluralism, and holds a masters in law from the University of Cambridge, where she was the Rt. Hon. Paul Martin Senior Scholar. She served as law clerk to the Honourable Justice Rosalie Abella of the Supreme Court of Canada.  Professor Berger has appeared as counsel before all levels of court, including the Supreme Court of Canada, and as an expert witness before the Special Senate Committee on Senate Modernization.

Professor Berger researches and publishes widely on matters of public law, with an emphasis on institutional and procedural design; judicial review of administrative action; and constitutional principles, architecture, and amendment. She is the author of “The Principles and Practices of Procedural Fairness” in Administrative Law in Context, 3d ed (Toronto: Emond, 2018) and co-editor of a forthcoming volume, Rewriting Canada’s Constitution. Her research appears in leading journals and edited collections and has been translated for inclusion in international work. Professor Berger has been invited to present her scholarship in Canada, Europe, Australia, and the United States, including at the Frontiers of Public Law Conference (University of Melbourne & University of Cambridge), the Colloque sur la modification constitutionelle dans tous ses états (Palace des Académies, Brussels), and the Comparative Public Law Workshop (American Society for Comparative Law & University of Ottawa). In 2017-18, Professor Berger held the inaugural Dean’s Research Fellowship at Western Law and in 2017, her research was awarded the Prix d’Excellence de L'Association des Doyens des Études Supérieures au Québec.

A recipient of multiple teaching awards, including the Western Law Award for Teaching Excellence (2015-16) and the J. McLeod Professor of the Year Award (2016-17), Professor Berger teaches JD courses and seminars in administrative law, constitutional law, and advanced public law. She is also active in graduate legal education, and in addition to supervising graduate research at both the masters and doctoral level, she has taught the faculty’s graduate course on research methods and legal inquiry.  Committed to ongoing legal education, Professor Berger also lectures on specialized topics of public law in professional development programs.

Learn more about the work of the Public Law Research Group and about the Coxford Lecture Series.

Seeking graduate students in the following areas: Professor Berger welcomes the opportunity to supervise masters and doctoral research in all areas of administrative law and theory, and on questions of structural and unwritten constitutionalism.

Selected Research Highlights

“Diagnosing Administrative Law: A Comment on Clyde River and Chippewas of the Thames First Nation” (2019) 88 SCLR (2d) 107.

“The Constitution of the Administrative State”, Daniel Jutras & Marcus Moore, eds, Canada’s Chief Justice:  Beverley McLachlin’s Legacy of Law and Leadership (Toronto: LexisNexis, 2018). 

“The Impact of Constitutional References on Institutional Reform” in Emmett Macfarlane, ed, Policy Change, Courts and the Canadian Constitution (Toronto: University Press, 2018).

Dunsmuir and the Constitutional Status of the Administrative State” in Paul Daly & Leonid Sirota, eds, (2018) Canadian Journal of Administrative Law and Practice Special Issue - A Decade of Dunsmuir 141.

“The Principles and Practices of Procedural Fairness” in Colleen Flood & Lorne Sossin, Administrative Law in Context, 3d ed (Toronto: Emond Montgomery, 2017).

“Hard Amendment Cases in Canada” in Richard Albert, Xenophon Contiades & Alkmene Fotiadou, eds, Foundations and Traditions of Constitutional Amendment (Oxford: Hart Publishing, 2017).

“The Supreme Court in Canada’s Constitutional Order” (2016) 20:2 Review of Constitutional Studies 143.

“Structural Cooperative Federalism” (2016) SCLR (2d) 21.

“The Supreme Court in a Pluralistic World: Four Readings of a Reference” (2015) 60:4 McGill LJ 839.

“Forgotten? The Role of Graduate Legal Education in the Future of the Law Faculty” (with Rosalie Jukier) (2014) 51:4 Alta L Rev 761.

“Implicit Comparative Law” (with Roderick A Macdonald) (2013) 43:1&2 RDUS 123.