Legal philosophy
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The Road to Serfdom at 75: Part II
Hayek’s proposals for resisting collectivism 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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On the Origin of Rights
Are religious justifications for rights and equality inadmissible in Canadian politics? Continue reading
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The “Return” of “Textualism” at the SCC[?]
Under the so-called “modern approach” to statutory interpretation, courts are instructed to take into account the text, context, and purpose of a statute. But perhaps because the “text, context, and purpose” recital is so commonplace, other difficult interpretive questions are masked under its patina. For example, which takes priority—text or purpose? The Supreme Court has Continue reading
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The Diceyan Trope
Metaphors, labels, and particular phrases seem to be a constant theme running through Canadian law. In virtually every area of public law, the Supreme Court deploys clever labels and metaphors to convey ideas that are bundled with certain inferences or assumptions about the ideas themselves. The most famous, perhaps, is the living tree model of Continue reading
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Lost Virtue
Joseph Raz revisits the subject of the virtue of the Rule of Law Continue reading
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The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law
Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point. 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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Sed Lex?
Thoughts on Ilya Somin’s defence of non-enforcement of the law Continue reading
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10 Things I Dislike About Administrative Law
A perspective from a skeptic Continue reading
Double Aspect 