Constitutional Theory
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Repurposing Constitutional Construction
Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians? Continue reading
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Charter Rights and Charter-Lite
How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading
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The Charter Conscription
The trouble with governments forcing citizens to advance their constitutional agendas Continue reading
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The Panglossian Peril
The dangers of naïve optimism in thinking about constitutional constraint Continue reading
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The NZBORA and the Noble Dream
Introducing my new paper on the whether the idea of dialogue about rights between courts and Parliament makes sense in New Zealand Continue reading
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Was Lon Fuller an Originalist?
Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation Continue reading
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Squaring the Public Law Circle
Canadian administrative lawyers keep trying to reconcile parliamentary sovereignty and the Rule of Law; they shouldn’t bother Continue reading
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An Originalism for North Freedonia
Thoughts on an essay on “Originalism without Text” by Stephen Sachs ― and its relevance to Canada Continue reading
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Polyphony
How different constitutional orders respond to attempts at denying citizens access to adjudication Continue reading
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Dreaming of Dialogue
Can New Zealand courts declare statutes to be inconsistent with the Bill of Rights Act? Does this matter? Continue reading
Double Aspect 