The Justice System
-
The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference. Continue reading
-
Abellian “Law”
It is with an utter lack of surprise that I yet again fill the virtual pages of Double Aspect with thoughts on another of Justice Abella’s comments on the nature of judging. Both Leonid and I have continuously written about how Justice Abella frequently displays a judicial arrogance that is inconsistent with the role of… Continue reading
-
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
-
End of a Scandal
An attempt to criminalize criticism of New Zeand’s judges is rejected by a parliamentary select committee Continue reading
-
Lessening Us: The Supreme Court and SNC-Lavalin
The SNC-Lavalin episode gets worse, if that is possible. Continue reading
-
Our Pythic Judges: SNC-Lavalin
In Ancient Greece, travelers from far and wide descended upon the Oracle at Delphi. Known collectively as the Pythia, these priestesses or women of Delphi, over generations, provided advice and counsel to anyone wishing to seek it. The Pythia were thought to channel the god Apollo. As the mythology of the Pythia grew, with kings… Continue reading
-
Romancing the Law
An ode to formalism and reflections on Runnymede’s Law and Freedom Conference Continue reading
-
Not This Way
The trouble with a proposal for “a Canadian originalism” Continue reading
-
When Judicial Disagreement Doesn’t Matter
What does it mean for an appellate court’s decision to be unanimous? Continue reading
-
Criticizing the Supreme Court
Why we should vigorously dissent when the occasion presents itself. Continue reading
Double Aspect 