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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • 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
  • April 22, 2018

    Comeau’s Lesson

    It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it

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    Constitutional law, Federalism
    constitutional interpretation, division of powers, living constitutionalism, living tree, originalism, Supreme Court of Canada
  • April 20, 2018

    Unmaking History

    In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution

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    Constitutional law, Federalism
    Canada, constitutional interpretation, free trade, living constitutionalism, Supreme Court of Canada
  • April 14, 2018

    Despotism, Revisited

    Thoughts upon belatedly reading an (anti-)administrative law classic

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    Administrative Law, History, The Justice System
    administrative state, deference, delegation, judicial review, Lord Hewart, procedural fairness, Rule of Law
  • April 2, 2018

    Politics in, and of, Law Schools

    That legal education is tied up with politics is no excuse for indoctrination or ideological homogeneity

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    Uncategorized
    heterodoxy, ideology, law school, legal education, politics
  • March 30, 2018

    Ach, mein Sinn

    Bach on the reasons for respecting freedom of conscience

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    Constitutional law
    art, Bach, conscience, freedom of conscience, music
  • March 28, 2018

    Repurposing Constitutional Construction

    Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians?

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    Constitutional law, Constitutional Theory
    constitutional interpretation, good faith, originalism, purposivism
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