Constitutional law
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Not Getting the Message
Introducing a new paper about judicial deference to administrative limitations of constitutional rights Continue reading
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Fairy Tales
When judges talk about public confidence in the judiciary, they don’t really mean public opinion about the judiciary Continue reading
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Power and Privilege
Parliamentary privilege in the Supreme Court’s decision on the availability of Charter damages for unconstitutional legislation Continue reading
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Power and Governance
Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not Continue reading
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Way to Power
Setting the scene for understanding the Supreme Court’s decision allowing damages as a remedy for legislative violations of the Charter Continue reading
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh? Continue reading
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A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
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Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed. Continue reading
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#LOLNothingMatters
The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious Continue reading
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Bonkerstown Bypass
The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future Continue reading
Double Aspect 