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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • December 7, 2018

    The Administrative Law “Trilogy”: The Stare Decisis Trap

    This post originally appeared on Advocates for the Rule of Law. This week, the Supreme Court of Canada finally heard the consolidated appeals in Bell/NFL and Vavilov. ARL, expertly represented by Adam Goldenberg, put forward our submissions on the matter, which focus on a return to the basis of the law of judicial review: its…

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    Administrative Law, Uncategorized
    Administrative Law, judicial review, stare decisis
  • December 5, 2018

    Lost Virtue

    Joseph Raz revisits the subject of the virtue of the Rule of Law

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    Legal philosophy
    interpretation, Raz, Rule of Law
  • November 29, 2018

    Lowering Expectations: The Supreme Court’s Standard of Review Cases

    Why, sadly, Canada’s administrative law community should probably lower its expectations.

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    Administrative Law, Uncategorized
    Administrative Law, standard of review
  • November 22, 2018

    The Supreme Court’s Unreasonable Reasons Doctrine in Admin Law

    Why Newfoundland Nurses should be overturned and a recent FCA case adopted as a new starting point.

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    Administrative Law, Legal philosophy
    Administrative Law, incentives, judicial review, reasons, Supreme Court of Canada
  • November 19, 2018

    Vancouver Event Next Week

    Announcing another talk

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    Uncategorized
    constitutional interpretation, dialogue, notwithstanding clause, Rule of Law
  • November 15, 2018

    When Judicial Disagreement Doesn’t Matter

    What does it mean for an appellate court’s decision to be unanimous?

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    Guest Posts, The Justice System
    concurrence, dissent, judging, Supreme Court of Canada, unanimity
  • November 13, 2018

    Criticizing the Supreme Court

    Why we should vigorously dissent when the occasion presents itself.

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    Constitutional Theory, The Justice System
    Justice Abella, Supreme Court of Canada
  • November 12, 2018

    Reading from a Palimpsest

    The Supreme Court of New Zealand holds that declarations of inconsistency are available when Parliament disregards the New Zealand Bill of Rights Act

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    Constitutional law, Constitutional Theory
    declarations of inconsistency, dialogue, New Zealand, weak-form judicial review
  • November 8, 2018

    Upcoming Canadian Talks

    Events at Calgary, McGill, and Queen’s

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    Uncategorized
    dialogue, notwithstanding clause
  • November 6, 2018

    Delusions of Grandeur

    Justice Abella sets out a vision of the Supreme Court as arbiter of national values

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    Constitutional Theory, The Justice System
    Charter, judges, judicial power, judicial review, Supreme Court of Canada, values
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