Constitutional Theory
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Criticizing the Supreme Court
Why we should vigorously dissent when the occasion presents itself. Continue reading
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Reading from a Palimpsest
The Supreme Court of New Zealand holds that declarations of inconsistency are available when Parliament disregards the New Zealand Bill of Rights Act Continue reading
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Delusions of Grandeur
Justice Abella sets out a vision of the Supreme Court as arbiter of national values Continue reading
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Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible. Continue reading
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The Supreme Court’s Hubris in Mikisew Cree Nation v Canada
In Mikisew Cree Nation, the Supreme Court dealt with a novel argument: does the duty to consult [DTC] attach to legislative action? The Court, rightly, answered no, holding unanimously that the Federal Court had no jurisdiction under the Federal Courts Act over a judicial review brought against Parliament’s law-making power. But the Court split into Continue reading
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Constitutionalism from the Cave
The constitution is a binding law, not just an incomplete statement of political ideals Continue reading
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The Dead Intent of the Framers
The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How Continue reading
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Toronto v Ontario: A Remedy Seeking a Right
Constitutional politics and the notwithstanding clause Continue reading
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Rendering Unto the Judiciary
Justice Martineau’s recent article on judicial courage Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent; Continue reading
Double Aspect 