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No Way to Make Law
The legislative process is being disgracefully abused in Ontario. Constitutional lawyers need to pay attention.
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Deregulate All the Lawyers
Why deregulation is the solution to the conflict around the “Statement of Principles” (in addition to being good for access to justice)
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The New Administrative Law II: Why Defer?
Part II of a two-part series on administrative law
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The New Administrative Law
Part I of a two-part series: why we need to reconceptualize the administrative state and our reasons for deference.
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Why Governments Are Not Angels
The SNC-Lavalin affair reveals serious challenges to the functioning of all three branches of the Canadian government
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Nothing to Celebrate
Québec’s irreligious dress code proposal isn’t an opportunity to extol democracy, or to do away with judicial review of legislation
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Abellian “Law”
It is with an utter lack of surprise that I yet again fill the virtual pages of Double Aspect with thoughts on another of Justice Abella’s comments on the nature of judging. Both Leonid and I have continuously written about how Justice Abella frequently displays a judicial arrogance that is inconsistent with the role of…
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Is This Correct?
Should deference be denied to administrative interpretations of laws that implement international human rights?
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The “Return” of “Textualism” at the SCC[?]
Under the so-called “modern approach” to statutory interpretation, courts are instructed to take into account the text, context, and purpose of a statute. But perhaps because the “text, context, and purpose” recital is so commonplace, other difficult interpretive questions are masked under its patina. For example, which takes priority—text or purpose? The Supreme Court has…
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End of a Scandal
An attempt to criminalize criticism of New Zeand’s judges is rejected by a parliamentary select committee
Double Aspect 