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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • June 18, 2018

    The Supreme Court v the Rule of Law

    In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state

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    Administrative Law, Constitutional law, The Justice System
    Doré, judicial review, Law Society, regulation, Rule of Law, Supreme Court of Canada
  • June 13, 2018

    Scandalizing!

    Read Edward Willis’ and my submission on legislation that would censor criticism of the judiciary

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    Constitutional law, The Justice System
    contempt of court, courts, freedom of conscience, freedom of expression, judges, New Zealand, presumption of innocence
  • June 7, 2018

    Remarks on Bill C-76

    Freedom of expression issues in an electoral reform bill

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    Law of Democracy, Uncategorized
    C-76, Charter, freedom of expression, permanent campaign, third parties
  • June 4, 2018

    Is Deference Possible Here?

    The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review

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    Administrative Law, The Justice System
    deference, disguised correctness review, expertise, Law Society, reasonableness, Supreme Court of Canada
  • May 28, 2018

    It’s a Dog!

    The majority’s pro-regulatory beliefs help make West Fraser a dog of a decision

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    Administrative Law
    deference, delegation, judicial review, regulation, statutory interpretation
  • May 26, 2018

    Jiggery-Pokery

    The standard of review issues in the Supreme Court’s West Fraser decision

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    Administrative Law
    deference, disguised correctness review, jurisdictional questions, reasonableness, regulation, Rule of Law, standard of review, ultra vires
  • May 25, 2018

    Jousting over Jurisdiction

    A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation

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    Administrative Law, Uncategorized
    delegation, reasonableness, Rule of Law, Supreme Court of Canada, ultra vires
  • May 13, 2018

    The Real Contempt

    New Zealand’s Parliament considers legislation that would shield courts from criticism ― and make them instruments of censorship

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    Constitutional law, The Justice System
    contempt of court, courts, freedom of conscience, freedom of expression, judges, New Zealand, presumption of innocence
  • May 7, 2018

    Setting the Story Straight

    History, Originalism, and the Supreme Court’s decision in Comeau

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    Constitutional law
    constitutional interpretation, history, originalism, Supreme Court of Canada
  • May 1, 2018

    La Cour, c’est qui?

    Peter McCormick identifies the likely author of the “by the Court” opinion in Comeau

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    Constitutional law, Federalism, The Justice System
    judges, Supreme Court of Canada
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