Constitutional law
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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
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Case Not Made
Unconvincing arguments against judicial enforcement of rights under the UK’s Human Rights Act 1998 Continue reading
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The Woke Dissent
The thinking animating the dissenting opinion in Ward’s case would destroy freedom of expression in the name of equality and safety Continue reading
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It Ends Well
Thoughts on the Supreme Court’s narrow but seemingly decisive rejection of a right not to be offended Continue reading
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Don’t Make Idiots into Martyrs
The Double Aspect view on why an Alberta judge was wrong to order that pandemic deniers promote the expert consensus Continue reading
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Rethinking Peace, Order, and Good Government in the Canadian Constitution
This post is written by Brian Bird. The United States has life, liberty and the pursuit of happiness. France has liberté, égalité, fraternité. What is the calling card of the Canadian Constitution? It is peace, order and good government. Apart from being a concise expression of the political philosophy that animates Canadian society, or at… Continue reading
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Correct, but Wrong
Thoughts on the Supreme Court’s dismissal of the challenge to Ontario’s interference in the Toronto municipal elections Continue reading
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Disinformation by Omission
Additional thoughts on the futility of regulatory responses to mis- and disinformation Continue reading
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What Does City of Toronto Mean For Administrative Law?
The Supreme Court released its much-anticipated decision today in Toronto (City) v Ontario (Attorney General), 2021 SCC 34. While others will address the nuances of the case, the majority generally puts unwritten constitutional principles into a tiny, little box. It says that because “[u]nwritten principles are…part of the law of our Constitution…” [50], unwritten principles… Continue reading
Double Aspect 