-
Rights and Votes
Is it ever ok to put people’s rights to a democratic vote? Dahlia Lithwick and Sonja West are adamant that it is not, as they make clear in an article in Slate on the subject of same-sex marriage. But their argument is wrong, and indeed dangerous. Ms Lithwick and Ms West argue that “marriage equality…
-
Don’t ask, don’t tell?
No, it’s not a post about gays in the U.S. armed forces. That’s so passé anyway. Actually, what I want to talk about is co-operative federalism again, the fascinating topic of the least-read post on this blog. (To the one brave soul who did read it: I love you, whoever you are!) More specifically, it…
-
Religion in School 101
U of T professor Ed Morgan has an excellent op-ed in the Globe on the topic of the place of religion in Canadian public schools, which reviews the relevant case law. Schools, he explains, cannot themselves endorse religious beliefs qua beliefs (though they can teach about them as facts): “A state agency simply cannot tacitly…
-
Constitutional Structure and Economic Outcomes
A few days ago, F.H. Buckley, a professor at the George Mason School of Law (and McGill law graduate and former professor) published in the National Post an op-ed arguing that the Canadian constitutional system, and in particular its lack of separation of powers, serves us rather well by helping maintain a free economy and…
-
In Defence of Offensive Government
The Volokh Conspiracy’s Randy Barnett points to an essay by Matt Welch arguing that the more government expends, the more it gives offence to this or that person or group, because its intervention conflicts with someone’s moral views. It’s not just penal laws and regulatory mandates (which prohibit people doing something they find morally required or require…
-
Life is Wasted Without Freedom
A high school student, William Swinimer, is now suspended from his school in Nova Scotia for wearing a t-shirt with the words ‘Life is wasted without Jesus’, the CBC reports. Some people apparently find that offensive. The CBC quotes the school board’s superintendent as saying that “[w]hen one is able or others are able to interpret it as,…
-
Judicial Review and Co-operative Federalism
I would like to return to Justice Blanchard’s reasons for judgment granting the injunction preventing destruction of Québec-related gun-registry data pending judgment on the merits in this case, about which I posted here a couple of days ago. The case, says Justice Blanchard, is “exceptional,” “a first in Canadian judicial history” (par. 21). The reason it…
-
Dreaming Double
As promised, some thoughts on Jeremy Waldron’s new paper on bicameralism, which I summarized last week. First, Waldron’s take on bicameralism reflects his usual fondness of and optimism about legislatures. Legislatures can really be great at making policy, resolving disagreements, and protecting rights, he is convinced, if only they function well. “Legislative due process” is…
-
More on the Gun-Registry Litigation
Having sought – and obtained – cheap popularity with my potty-mouthed post yesterday, I now return to the (extra)ordinary world of constitutional law, and to my favourite topic so far: Québec’s attempt to gets its hands on the gun-registry data the federal government wants to destroy. I just came across – a bit late –…
Double Aspect 