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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • September 22, 2020

    When the Surgeons Miss

    Federalism and the Genetic Non-Discrimination Act Reference

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    Constitutional law, Federalism
    criminal law, division of powers, judging, pith and substance
  • September 21, 2020

    The Self-Own of Court-Packing

    2020 dealt us another major blow last week, when Justice Ruth Bader Ginsburg passed away at the age of 87. Justice Ginsburg, agree or disagree with her jurisprudentially, was an inspiration to many. Rightly so. She was a trailblazer. Incidentally, for anyone interested, there is a great movie about her life in the law: “On

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    Constitutional law, Constitutional Theory, The Justice System
    Ginsburg, judicial appointments, SCOTUS
  • September 21, 2020

    Of Malice and Men

    Double Aspect responds to attacks on another scholar

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    Uncategorized
    judicial appointments, politics, public debate
  • September 17, 2020

    Just Hook It to My Veins

    Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation

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    Constitutional Theory, The Justice System
    constitutional interpretation, judging, originalism, statutory interpretation, textualism
  • September 15, 2020

    Contrarians at the Gates

    On responsible scholarship and engagement with heterodox ideas

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    Uncategorized
    public debate, scholarship
  • September 14, 2020

    On John Willis and the Pesky Politics of Administrative Law

    John Willis was and is considered one of Canada’s most important administrative law academics. As a student of administrative law and the law of judicial review, one cannot skip Willis’ classic works, like his books “The Parliamentary Powers of English Government Departments” and “Canadian Boards at Work”—and his caustic papers, including his attack on the

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    Administrative Law
    Administrative Law, judicial review, politics, Willis
  • September 9, 2020

    On Responsible Scholarship

    A Reply to Stepan Wood, Meinhard Doelle, and Dayna Scott

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    Guest Posts
    carbon tax, public debate, scholarship
  • September 8, 2020

    Unstuck

    Ontario’s Superior Court strikes down the anti-carbon tax-sticker law, but still doesn’t get freedom of expression

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    Constitutional law
    carbon tax, Charter, compelled speech, freedom of expression, Ontario
  • September 3, 2020

    Throwing Away the Key

    Thoughts on life imprisonment without parole, in New Zealand and in Canada

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    Constitutional law, Criminal Law/Policy
    Charter, cruel and unusual punishment, life without parole, New Zealand, section 12, sentencing, terrorism
  • August 31, 2020

    Vavilov in the Prisons

    By now, Vavilov—the case in which the Supreme Court re-jigged Canada’s standard of review framework—has received sustained attention, including from yours truly. Over at Administrative Law Matters, Professor Daly has a running post outlining how Vavilov has been applied in some particular interesting cases. And on SSRN, Jamie Chai Yun Liew has an excellent article

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    Administrative Law
    judicial review, justification, prisoners, prisons, vulnerable
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