Constitutional Theory
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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
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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
