Constitutional law
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Clash of Courts
Senior Superior Court judges are suing Québec over its provincial court’s jurisdiction; other provinces will be affected if they succeed Continue reading
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The Law of Permanent Campaigning
Election law might have help create permanent campaigns. Can it be used to solve their problems? Continue reading
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Still Not a Conservative
A couple of comments on Chief Justice Joyal’s Runnymede Radio podcast Continue reading
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The Originalist Papers
Benjamin Oliphant’s and my articles on originalism in Canada are officially out Continue reading
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The Good, the Bad, and the Ugly
A bill to improve Parliament’s constitutional scrutiny of legislation is a step forward ― but not good enough Continue reading
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An Easy Case
Why funding Catholic schools on terms not available to others is an obvious infringement of religious freedom Continue reading
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Dreaming of Dialogue
Can New Zealand courts declare statutes to be inconsistent with the Bill of Rights Act? Does this matter? Continue reading
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The Court on Conventions
Shameless self-promotion for my latest academic article Continue reading
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Chekhov’s Gun
Why Dwight Newman’s defence of the Charter’s notwithstanding clause is unpersuasive Continue reading
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Not Withstanding Scrutiny
The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case Continue reading
Double Aspect 