Constitutional Theory
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Le sens de la laïcité
L’actualité a publié sur son blogue politique un billet de Frédéric Bastien appelant à la poursuite du débat sur la « laïcité » et défendant la pertinence de la Charte de la honte, alias Charte de laïcité, alias Charte des valeurs, proposée par l’ancien gouvernement péquiste. Malheureusement, comme bien d’autres interventions des partisans de cette… Continue reading
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The Empirical Turn
In a post on the National Magazine’s blog, Kerri Froc discusses (among other things) what she refers to as “the empirical turn in Charter jurisprudence” ― the tendency of Courts to decide Charter cases on the basis of social science evidence instead of “expounding on the nature of human values embodied by rights.” Perhaps most recent… Continue reading
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Mammon & Co.
I have already blogged about the question whether corporations can assert religious rights, for example to ask for exemptions from generally applicable laws if these laws contradict their ― or their owners’ ― religious beliefs. In a decision issued this morning, Burwell v. Hobby Lobby Stores, which Eugene Volokh summarizes here, the Supreme Court of… Continue reading
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Swearwords without Borders
One rather remarkable feature of the debate about the constitutionality of the citizenship oath, and more specifically of its promise of “true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada,” is that those who believe that the oath is constitutional insist that the oath really does not mean very much. Those who refuse… Continue reading
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People Power?
The Canadian Charter of Rights and freedoms was sold to Canadians as the “people’s package” of constitutional reform, one that would empower citizens at the expense of the legislatures and governments. And, to be sure, the provincial governments opposed it because it curtailed their powers (as well as that of the federal government). Still, I have… Continue reading
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Strange Property
Last week, a Conservative Member of Parliament proposed a constitutional amendment that would protect (some) property rights in Alberta. The amendment would add a section to the Canadian Charter of Rights and Freedoms, providing that In Alberta, everyone has the right not to be deprived, by any Act of the Legislative Assembly, or by any… Continue reading
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Rights, Property… and Blogging
Because one blog is obviously not enough, I will now also be blogging for the CBA National Magazine. Initially at least, I will only be writing for them once a month. In any event, my main blogging focus will remain here, at Double Aspect. However, I am excited about this new venture and the possibility… Continue reading
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Constitutional Job Placement
In a post on Concurring Opinions, Gerard Magliocca asks an interesting question about what importance, if any, should attach to the fact that a constitutional provision invoked in a case has never been applied by the courts, or has not been applied in a very long time. It is, arguably, a specific instance of the broader… Continue reading
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Blind Spots
In a new and fascinating paper, Jeremy Waldron asks why it is that Sir Isaiah Berlin, in his work on the Enlightenment, paid no attention to “one of the most important achievements of the European enlightenment” ― what prof. Waldron calls “Enlightenment constitutionalism.” The paper is a reflection not only on Berlin and the constitutional ideas… Continue reading
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Charter, Meet Google
Josh Blackman has just published a fascinating new essay, “What Happens if Data Is Speech?” in the University of Pennsylvania Journal of Constitutional Law Online, asking some important questions about how courts should treat ― and how we should think about ― attempts to regulate the (re)creation and arrangement of information by “algorithms parsing data” (25).… Continue reading
Double Aspect 