Constitutional law
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La Cour, c’est qui?
Peter McCormick identifies the likely author of the “by the Court” opinion in Comeau Continue reading
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Comeau’s Lesson
It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it Continue reading
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Unmaking History
In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution Continue reading
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Ach, mein Sinn
Bach on the reasons for respecting freedom of conscience Continue reading
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Repurposing Constitutional Construction
Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians? Continue reading
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Deference with a Difference
Dunsmuir and Aboriginal Rights Continue reading
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Charter Rights and Charter-Lite
How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading
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Dunsmuir and the Constitutional Status of the Administrative State
Have the courts built the administrative state into the constitution’s architecture? Continue reading
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The Charter Conscription
The trouble with governments forcing citizens to advance their constitutional agendas Continue reading
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The NZBORA and the Noble Dream
Introducing my new paper on the whether the idea of dialogue about rights between courts and Parliament makes sense in New Zealand Continue reading
Double Aspect 