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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • March 8, 2018

    Looking past Dunsmuir: Beginning Afresh

    Imagining stable and generally acceptable administrative law doctrine

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    Administrative Law, The Dunsmuir Decade
    deference, Dunsmuir, legal doctrine, Parliamentary sovereignty, Rule of Law, statutory interpretation
  • March 7, 2018

    The Paradox of Simplicity

    Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity

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    Administrative Law, The Dunsmuir Decade
    administrative state, deference, Dunsmuir, judicial review, reasonableness, Rule of Law
  • March 6, 2018

    The Dark Art of Deference

    Dubious assumptions of expertise on home statute interpretation

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    Administrative Law, The Dunsmuir Decade
    Chevron, deference, Dunsmuir, expertise
  • March 5, 2018

    Transcending Jurisdictions

    Teaching Dunsmuir in Australia

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    Administrative Law, The Dunsmuir Decade
    Australia, Dunsmuir, pedagogy
  • March 2, 2018

    Did Dunsmuir Simplify the Standard of Review?

    An empirical assessment

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    Administrative Law, The Dunsmuir Decade, The Justice System
    access to justice, argument, Dunsmuir, standard of review
  • March 1, 2018

    Transparency and Institutional Bias in Canadian Administrative Law

    Why the Dunsmuirian approach is not enough

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    Administrative Law, The Dunsmuir Decade
    procedural fairness
  • February 28, 2018

    A View from South of the Border

    Dunsmuir, Chevron, and what Canadians and Americans can learn from each other about judicial deference and interventionism

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    Administrative Law, The Dunsmuir Decade
    deference, purposivism, statutory interpretation, United States
  • February 27, 2018

    Deference with a Difference

    Dunsmuir and Aboriginal Rights

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    Administrative Law, Constitutional law, The Dunsmuir Decade
    aboriginal rights, Charter, deference, Dunsmuir
  • February 26, 2018

    The Road to Dunsmuir

    Re-reading administrative law’s bumpy kinky chain novel in the fading light of “a culture of justification”

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    Administrative Law, The Dunsmuir Decade
    deference, Dunsmuir
  • February 23, 2018

    The Merits of Dunsmuir

    Rightly or Wrongly Decided (Then and Today)?

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    Administrative Law, The Dunsmuir Decade
    disguised correctness review, Dunsmuir, procedural fairness, public employment, reasonableness, statutory interpretation
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