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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • August 7, 2019

    In the Beginning

    Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter

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    Constitutional law, History
    Canada, Charter, constitutional interpretation, originalism, Pierre Trudeau
  • August 6, 2019

    An Empty Vessel

    Thoughts on the Justice Kasirer appointment process

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    Constitutional law, Constitutional Theory, The Justice System
    judges, nomination, Supreme Court of Canada
  • July 29, 2019

    Keeping It Complicated

    The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology

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    Constitutional law
    Charter, constitutional interpretation, military justice, originalism, purposivism, Supreme Court of Canada
  • July 22, 2019

    Access to Justice and the Administrative State

    Recently, as is well-known, the Ontario government announced a 30% cut to legal aid. The effects of this cut are already being felt, most prominently at Canada’s largest tribunal. The Immigration and Refugee Board [IRB] announced last week that it expected the legal aid cuts to cause “longer hearings, more postponements and adjournments and more

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    Uncategorized
  • July 9, 2019

    Offspring of Depravity

    The origins of the administrative state, and why they matter

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    Administrative Law, Political philosophy
    administrative state, expertise, New Deal, progressivism, United States
  • July 8, 2019

    More Charter Values Nonsense

    When will this end?

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    Administrative Law, Constitutional law
    Charter values, Doré, judicial review
  • July 4, 2019

    The Empire is Still Strong: A Response to Prof. Daly

    Over on Administrative Law Matters, Prof. Daly writes that “[a]nti-administrativists have not had a good couple of weeks.” So his argument goes, in the last number of years “the administrative state in the United States has been under sustained attack, traduced as illegitimate and a betrayal of the commitment of the Founding Fathers.” This “cartoonish

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    Administrative Law
    Administrative Law, administrative state, deference
  • July 2, 2019

    The Five-Judge Myth

    How many Supreme Court judges does it take to decide a civil law appeal?

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    The Justice System
    civil law, judges, Québec, Supreme Court of Canada
  • June 25, 2019

    All or Nothing At All?: Restricting the Growth of the Administrative State

    Non-delegation limits do not spell the end of administrative government.

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    Administrative Law, Constitutional law, Constitutional Theory, Federalism, Uncategorized
    Administrative Law, administrative state, delegation
  • June 24, 2019

    Shouting into the Constitutional Void

    Section 28 of the Canadian Charter and Québec’s Bill 21

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    Constitutional law
    bill 21, Charter, equality, Québec, secularism
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