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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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The Five-Judge Myth
How many Supreme Court judges does it take to decide a civil law appeal?
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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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Shouting into the Constitutional Void
Section 28 of the Canadian Charter and Québec’s Bill 21
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The Cruel Ritual of the Ontario Bar Exam
Every June, lawyers-to-be in the province of Ontario make the pilgrimage to one of a few cities to undergo the ritualistic exercise of writing the bar exam. For many, the bar exam—otherwise known as the lawyer licensing exam—represents a large part of the process to become a lawyer in the province of Ontario. Students migrate…
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Do Not Pass Section 1: Go Directly to Invalidity
Some infringements on rights are never acceptable in a free and democratic society, including requirements to state facts one doesn’t believe in
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Sticking It to the Feds
Why Ontario’s anti-carbon-tax stickers are likely unconstitutional, and certainly immoral
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It’s Happening Here Too
Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now…
Double Aspect 