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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • August 31, 2018

    The Bowels of Administrative Law

    Administrative guidelines that make it difficult to challenge the administrative state.

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    Administrative Law
    Administrative Law, procedural fairness, rights
  • August 25, 2018

    For Your Freedom and Ours

    Honouring and learning from the 1968 Red Square Demonstration

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    History, Political philosophy
    communism, freedom of conscience, freedom of expression, ideology, protest, Russia
  • August 23, 2018

    McCaw: Declarations of Invalidity in the ONSC

    Can one ONSC judge bind another?

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    Constitutional law, The Justice System, Uncategorized
    Constitutional law, Ontario Superior Court, remedies
  • August 15, 2018

    Rendering Unto the Judiciary

    Justice Martineau’s recent article on judicial courage

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    Constitutional law, Constitutional Theory, Law of Democracy, The Justice System, Uncategorized
    courage, courts, democracy, Justice Martineau
  • August 13, 2018

    Quis Custodiet?

    If judges are the guardians of our constitutional values, they need to be guarded too, as Chief Justice McLachlin’s example shows

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    Constitutional law, The Justice System
    Canada, judges, judicial power, McLachlin, Supreme Court of Canada
  • August 7, 2018

    Taming the Administrative State

    Two books in the administrative law literature

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    Administrative Law, The Justice System
    Administrative Law, administrative state, book review, Hamburger, Postell
  • July 31, 2018

    CHRC: The Presumption of Reasonableness and the Rule of Law

    Worries about the upcoming review of Dunsmuir

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    Administrative Law, Law and economics
    Administrative Law, judicial review, standard of review
  • July 30, 2018

    Administrative Law’s Virtues and Vices

    What Joseph Raz’s classic Rule of Law article tells us about administrative law

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    Administrative Law, Legal philosophy
    deference, judicial independence, judicial review, Raz, Rule of Law
  • July 25, 2018

    No Shortcuts to Legality

    Justice Stratas on the limits of the judicial practice of making up reasons for administrative decisions

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    Administrative Law
    deference, judicial review, reasons
  • July 23, 2018

    SCC Skepticism

    In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent;…

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    Constitutional law, Constitutional Theory, Legal philosophy
    constitution, Maclean’s, originalism, Supreme Court of Canada, Supreme Court of the United States
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