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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • 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
  • 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
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