Constitutional law
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The Made-Up Law Made Them Do It
The Supreme Court’s made-up right to vote doctrine works its mischief at the Ontario Court of Appeal Continue reading
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A Defense of Doctrine
Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high Continue reading
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Consequences
Are demands that speech not be punished just a childish attempt to escape consequences? Continue reading
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Why Couldn’t They?
Quebec probably can abolish the requirement that Members of the National Assembly swear allegiance to the King Continue reading
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If It’s Broke, You’re Not the One to Fix It
The Québec Court of Appeal takes it upon itself to update obsolete election legislation. That’s not its job. Continue reading
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Swan Upping
A medieval ritual as a metaphor for British constitutional history Continue reading
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The Cake Bill
The flaws in the UK government’s two-faced Bill of Rights Bill Continue reading
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Undignified
The Supreme Court holds that life imprisonment without parole is unconstitutional. Its reasons are unconvincing. Continue reading
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Not as Advertised
Legislative debates leading to Saskatchewan’s use of the notwithstanding clause show little interest in constitutional rights Continue reading
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The Law of Bonkerstown
Does the constitution mandate the soft bigotry of low expectations? Continue reading
Double Aspect 