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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • August 17, 2020

    Unholy Trinity

    Introducing a new article that makes the case against judicial deference to administrative applications of constitutional law

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    Administrative Law, Constitutional law
    administrative constitutionalism, Charter, deference, Doré
  • July 25, 2020

    Antigone in Hamilton

    The confrontation between New Zealand legal system and a family trying to bury a dead husband/father is eerily like Sophocles’ tragedy

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    Criminal Law/Policy, Legal philosophy, Literature
    Antigone, civil disobedience, covid, natural law, New Zealand, sentencing
  • July 21, 2020

    A Citizen’s Guide to the Rule of Law

    Introducing a chapter on the nature and importance of the Rule of Law

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    Constitutional Theory, Legal philosophy
    Canada, Rule of Law
  • July 20, 2020

    On Canadian Statutory Interpretation and Recent Trends

    I have had the pleasure of reading (for the first time front-to-back) the legal interpretation classic, Reading Law by Justice Scalia and Bryan Garner. For Canadian courts struggling with how to source and use purpose when interpreting statutes, Reading Law provides valuable assistance. It does so by outlining two schools of thought on how to…

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    Administrative Law, statutory interpretation
    purpose, purposivism, statutory interpretation, text, textualism
  • July 15, 2020

    The Mirror and the Light

    Thoughts on finally finishing the last part of Hilary Mantel’s Thomas Cromwell trilogy

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    History, Literature
    Cromwell
  • July 8, 2020

    Keeping Faith

    A master class in public meaning originalism, delivered by the US Supreme Court’s Justice Elena Kagan

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    Constitutional Theory
    constitutional conventions, constitutional interpretation, elections, originalism, United States
  • July 1, 2020

    Happy Canada Day!

    The anniversary of an imperfect constitution drafted by imperfect men is well worth celebrating

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    History, Political philosophy
    Canada, Canada Day, constitution act 1867, George Brown
  • June 25, 2020

    The Ivory Tower Prisoner’s Dilemma

    Why law journals are useless, and why we can’t do without them

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    Uncategorized
    academia, journals, publishing, scholarship
  • June 21, 2020

    Results-Oriented Conservatism: A Defence of Bostock

    Should textualism lead to more “conservative” outcomes as a matter of course? No. Those who wish to transform textualism—a methodology of interpretation—into a vessel for conservative policy outcomes are in the wrong business. Instead of being in the business of law, they are in the business of politics. For years, a small group of Canadian…

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    Constitutional Theory, The Justice System
    interpretation, Supreme Court of the United States
  • June 17, 2020

    Immuring Dicey’s Ghost

    Introducing a new article on the Senate Reform Reference, constitutional conventions, and originalism ― and some thoughts on publishing heterodox scholarship

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    Constitutional law
    constitutional conventions, constitutional interpretation, originalism, peer review, scholarship, Senate reform
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