Constitutional law
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Unholy Trinity
Introducing a new article that makes the case against judicial deference to administrative applications of constitutional law Continue reading
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Immuring Dicey’s Ghost
Introducing a new article on the Senate Reform Reference, constitutional conventions, and originalism ― and some thoughts on publishing heterodox scholarship Continue reading
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Entertainment Assoc, 2020 FCA 100: A New Canadian Textualism
In Entertainment Software Assoc v Society of Composers, 2020 FCA 100, Stratas JA (for the Court) made a number of interesting comments about statutory interpretation in the administrative state and the role of international law in the interpretive activity. In this post, I review these comments, and agree with them wholeheartedly. This case is an… Continue reading
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Through Which Glass, Darkly?
Introducing a new article on the Rule of Law in two decisions of the supreme courts of Canada and the United Kingdom Continue reading
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Inter vira enim loquuntur leges
The pandemic and delegation of power to the executive Continue reading
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Ministers of Truth
A proposal to criminalize epidemic-related “misinformation” is dangerous Continue reading
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The Common Good Administrative State
The Internet has been captivated by Professor Adrian Vermeule’s provocative essay in The Atlantic on so-called “common good constitutionalism” (CGC). CGC could be describes as part of a larger theory that co-blogger Leonid Sirota calls “right-wing collectivism,” which “blends support for using the power of the state to advance traditional moral values, a hostility to… Continue reading
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Unconstitutional and Unconstitutional
Why delegating plenary taxing powers to the executive is wrong as a matter of constitutional principle and constitutional law Continue reading
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Stupid. But Constitutional.
The Globe and Mail reports that the government is seeking to introduce wideranging methods to permit the Cabinet to raise revenue. However, this report has now evolved, and the proposed measures have been walked back. But the original Globe article said: One section of the bill grants cabinet the power to change taxation levels through… Continue reading
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UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the… Continue reading
Double Aspect 