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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • March 27, 2019

    Lessening Us: The Supreme Court and SNC-Lavalin

    The SNC-Lavalin episode gets worse, if that is possible.

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    Constitutional law, Constitutional Theory, The Justice System
    Charter, judicial appointments, SNC-Lavalin
  • March 21, 2019

    The Empty Canard of the Living Tree “Doctrine”

    In 1989, Justice Scalia gave a speech entitled “Assorted Canards of Contemporary Legal Analysis.” These “canards,” are “certain oft-repeated statements…” that, while having “little actual impact upon the decision of the case” are “part of its atmospherics, or of its overarching philosophy…” Justice Scalia gave the example of the old adage that “remedial statutes should

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    Constitutional law, Constitutional Theory
    constitutional interpretation, living tree, textualism
  • March 20, 2019

    Bad Taste

    Overzealous prosecutors in Québec charge the author and publisher of a novel with child pornography for describing a rape

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    Constitutional law, Criminal Law/Policy
    art, child pornography, free speech, freedom of expression, prosecutorial judgment, Québec
  • March 18, 2019

    Does the Constitution Mean Anything?

    In defence of textualism in constitutional interpretation

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    Constitutional law
    Charter, constitutional interpretation, cruel and unusual punishment, textualism, vagueness
  • March 13, 2019

    A Perspective from the North

    A review of Jeffrey Pojanowski’s “neoclassical” approach to administrative law

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    Administrative Law, Constitutional law
    administrative state, deference, judicial review, reasonableness, statutory interpretation
  • March 11, 2019

    Our Pythic Judges: SNC-Lavalin

    In Ancient Greece, travelers from far and wide descended upon the Oracle at Delphi. Known collectively as the Pythia, these priestesses or women of Delphi, over generations, provided advice and counsel to anyone wishing to seek it. The Pythia were thought to channel the god Apollo. As the mythology of the Pythia grew, with kings

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    Constitutional law, The Justice System
    judges, retired judges, SNC-Lavalin
  • March 6, 2019

    Climb Out!

    The Québec Court of Appeal errs in holding that corporations are protected against cruel and unusual punishment

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    Constitutional law
    Charter, constitutional interpretation, corporations, cruel and unusual punishment, fines, Magna Carta
  • February 28, 2019

    Our Government

    Some implications from Jody Wilson-Raybould’s testimony

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    Administrative Law, Constitutional law
    delegation, government, incentives
  • February 27, 2019

    Such a Person

    A recent biography highlights (some of) Thomas Cromwell’s influence on the constitution

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    History
    by-elections, Cromwell, England, Henry VII, legislative procedure, Parliament, Thomas More
  • February 21, 2019

    Justice Beetz’s Unity of Public Law

    What an old SCC case tells us about the unity of public law

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    Administrative Law, Constitutional law
    judicial review, public law
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