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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • October 15, 2018

    Vavilov: Doing the Administrative State’s Dirty Work

    Over the next few weeks, I will be taking some time in this space to summarize the submissions in the upcoming Dunsmuir review: the cases of Vavilov and Bell/NFL. Today I will focus on Vavilov, and the proposals offered by both the Appellant (the Government of Canada) and the Respondent (Vavilov) for the standard of

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    Administrative Law, The Justice System
    Administrative Law, Dunsmuir, judicial review
  • October 10, 2018

    The Joke’s On Us

    Canadians ought to care about who gets on the Supreme Court

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    The Justice System
    Canada, judges, judicial appointments, judicial power, Supreme Court of Canada
  • October 5, 2018

    Anglin: Administrative Lawmaking

    How administrators could make law in the dark of night.

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    Administrative Law, The Justice System
    Administrative Law, elections
  • October 3, 2018

    Constitutionalism from the Cave

    The constitution is a binding law, not just an incomplete statement of political ideals

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    Constitutional law, Constitutional Theory, Law of Democracy
    Charter, constitutionalism, elections, Rule of Law
  • September 27, 2018

    Sunstein and Vermeule on Fuller: A View from Canada

    What would Lon Fuller think about Canada’s standard of review framework?

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    Administrative Law
    Administrative Law, Fuller
  • September 24, 2018

    Sed Lex?

    Thoughts on Ilya Somin’s defence of non-enforcement of the law

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    Legal philosophy, Political philosophy
    civil disobedience, democracy, justice, Rule of Law
  • September 20, 2018

    Deuxième Moisson

    Tout comme il y a quatre ans, le DGE essaie de censurer une intervention de la société civile dans la campagne électorale québécoise

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    Constitutional law, Law of Democracy
    elections, freedom of expression, politics, politique, Québec, third parties
  • September 20, 2018

    Trinity Western, Dissected

    The video of a discussion of the Supreme Court’s decision, held at the Centre for Constitutional Studies

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    Constitutional law
    Administrative Law, Charter, Law Society, religion, Supreme Court of Canada
  • September 19, 2018

    The Dead Intent of the Framers

    The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How

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    Constitutional law, Constitutional Theory, Uncategorized
    Charter, notwithstanding clause, originalism
  • September 17, 2018

    It Doesn’t Work That Way

    Legislation interfering with a municipal election does not violate freedom of expression ― contrary to what an Ontario judge has found

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    Constitutional law, Law of Democracy
    Charter, freedom of expression, municipalities, Ontario, Toronto, voting
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