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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • February 22, 2018

    Charter Rights and Charter-Lite

    How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it

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    Administrative Law, Constitutional law, Constitutional Theory, The Dunsmuir Decade
    Charter, deference, Doré, judicial review, Supreme Court of Canada
  • February 21, 2018

    Moving Dunsmuir past Dunsmuir

    Democratic accountability for privative clauses, and its consequences for the standard of review analysis

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    Administrative Law, The Dunsmuir Decade
    accountability, deference, democracy, privative clauses, standard of review, statutory interpretation
  • February 20, 2018

    The Return of Correctness in Judicial Review

    A rebellion against deference is taking place is Alberta, but how just is its cause?

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    Administrative Law, The Dunsmuir Decade
    Alberta, deference, Dunsmuir, reasonableness
  • February 19, 2018

    Dunsmuir and the Constitutional Status of the Administrative State

    Have the courts built the administrative state into the constitution’s architecture?

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    Administrative Law, Constitutional law, The Dunsmuir Decade
    administrative state, architecture, constitutional amendment, deference, section 96
  • February 16, 2018

    Stranger Things: A Defense of Dunsmuir

    Did Dunsmuir actually do some good ― at least when it comes to judicial review of law society decisions?

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    Administrative Law, The Dunsmuir Decade
    deference, Dunsmuir, Law Society, legal profession
  • February 15, 2018

    The True Legacy of Dunsmuir ― Disguised Correctness Review?

    Why isn’t judicial review as deferential as courts say it should be?

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    Administrative Law, The Dunsmuir Decade
    deference, disguised correctness review, Dunsmuir, reasonableness, statutory interpretation
  • February 14, 2018

    The Privilege of Public Employment

    Is Dunsmuir’s treatment of public employees consistent with the principles it articulated?

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    Administrative Law, The Dunsmuir Decade
    Dunsmuir, procedural fairness, public benefits, public employment
  • February 13, 2018

    Theorizing Administrative Law

    Does Dunsmuir Have a Philosophy?

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    Administrative Law, Legal philosophy, The Dunsmuir Decade
    deference, Dicey, Dunsmuir, Rule of Law, Walters
  • February 12, 2018

    Si l’histoire de la norme m’était contée

    Évolution et circonvolutions du principe de déférence au Canada

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    Administrative Law, The Dunsmuir Decade
    deference, Dunsmuir, standard of review
  • February 5, 2018

    RIP Reasonableness?

    Does the Supreme Court’s latest administrative law decision mean it is no longer committed to deference to tribunals?

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    Administrative Law
    deference, Dunsmuir, Rule of Law, Supreme Court of Canada
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