Constitutional Theory
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Constructive Shooting
How to evaluate New Brunswick’s use of the Charter’s “notwithstanding clause.” Continue reading
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Heresy!
The UK Supreme Court’s decision in “the Case of Prorogations” and the political constitution Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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The Tragedy of Lord Sumption
Thoughts on Lord Sumption’s views on the relationship between law and politics Continue reading
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The Fault Will Be Ours
Lord Sumption on politics, law, and the meaning and decline of democracy Continue reading
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Madison and Canadian Constitutional Law
Because we are in the slow days of summer, and I have a bit more time on my hands than I would usually have, I picked up a copy of Richard Matthews’ 1995 book, If Men Were Angels: James Madison & the Heartless Empire of Reason. Immediately, one’s Canadian eyes might begin to glaze over. Continue reading
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Guest Post: Andrew Bernstein
A response to Mark Mancini’s post on Supreme Court appointments Continue reading
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An Empty Vessel
Thoughts on the Justice Kasirer appointment process Continue reading
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All or Nothing At All?: Restricting the Growth of the Administrative State
Non-delegation limits do not spell the end of administrative government. Continue reading
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now Continue reading
Double Aspect 