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The Life and Times of Patent Unreasonableness
Post-Vavilov, can a legislature freely specify the standard of review? The answer seems obvious. Legislation overrides the common law, so as the Vavilov majority states, “…where the legislature has indicated the applicable standard of review, courts are bound to respect that designation, within the limits imposed by the rule of law” (Vavilov, at para 35).…
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The Common Good Administrative State
The Internet has been captivated by Professor Adrian Vermeule’s provocative essay in The Atlantic on so-called “common good constitutionalism” (CGC). CGC could be describes as part of a larger theory that co-blogger Leonid Sirota calls “right-wing collectivism,” which “blends support for using the power of the state to advance traditional moral values, a hostility to…
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Common Good and Evil
Removing constitutional obstacles to power in the name of the common good is a dangerous, delusional idea
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Can We Be Friends?: A Conservative Reply to Leonid Sirota’s “Refusionism”
This post is written by Thomas Falcone I was surprised, if a little taken aback, by Leonid Sirota’s recent declaration on Double Aspect that he is opposed to co-operation with conservatives whom he deems insufficiently committed to a rigid Hayekian philosophy. The reason for my surprise lay not in Sirota’s ideology laid bare – he…
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Unconstitutional and Unconstitutional
Why delegating plenary taxing powers to the executive is wrong as a matter of constitutional principle and constitutional law
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Stupid. But Constitutional.
The Globe and Mail reports that the government is seeking to introduce wideranging methods to permit the Cabinet to raise revenue. However, this report has now evolved, and the proposed measures have been walked back. But the original Globe article said: One section of the bill grants cabinet the power to change taxation levels through…
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The Nero Post: Two Niche Issues in Judicial Review Post-Vavilov
Lest I be accused of fiddling while Rome burns, I wish to note that I approach a pandemic as a time in which we must, subject to social distancing and isolation, proceed as normal as much as possible. Indeed, it is this sense of normalcy that should characterize what we do as much as possible.…
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Refusionism
Conservatism is, once again, becoming a form of right-wing collectivism. Classical liberals and libertarians should stay away.
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UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the…
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The Limits of Self-Government
Indigenous self-government cannot dispense with the Rule of Law and with democracy
Double Aspect 