-
Against Pure Pragmatism in Statutory Interpretation II: Evaluating Rizzo
Part II in a 3 part Double Aspect series
-
Against Pure Pragmatism in Statutory Interpretation I
The first post in a three-part Double Aspect series.
-
Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis
-
Mere Liberalism
A response to a common caricature of liberal beliefs
-
The Top Statutory Interpretation Cases of 2020
A banner year for interpretation
-
Would That I Could Love You
My mixed feelings about Sir John A. Macdonald
-
Still Wrong, Just a Little Less So
The Québec Court of Appeal errs in thinking the Charter prevents the imposition of, in effect, life imprisonment without parole
-
An Oddity in Strom
In October, the Saskatchewan Court of Appeal released its much-anticipated decision in Strom. Strom raised a number of important issues: “ “at the intersection between professional regulation, Ms. Strom’s private life, and the s.2(b) Charter guarantee of freedom of expression in the age of social media.” Strom was a registered nurse. Her grandfather tragically…
-
Constitutional Law Ruins Everything. A (sort of) response to Mancini’s “Neutrality in Legal Interpretation.”
This post is by Andrew Bernstein. No! I am not an academic nor was meant to be.Am a mere practitioner, one that will doTo settle a dispute, argue an appeal or twoWhen advising clients, the law’s my tool.Deferential, if it helps me sway the courtArgumentative, and (aspirationally) meticulous.Case-building is my professional sportTrying my hand at…
-
Guest Post: Andrew Bernstein
We continue our week of guest posts. This time, we will be posting a contribution from Andrew Bernstein (Tory’s), in response to my post last week on the ideal of neutrality in legal interpretation.
