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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • 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
  • January 31, 2018

    The Charter Conscription

    The trouble with governments forcing citizens to advance their constitutional agendas

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    Constitutional law, Constitutional Theory
    abortion, Charter, freedom of conscience, freedom of expression, subsidies
  • January 28, 2018

    The Panglossian Peril

    The dangers of naïve optimism in thinking about constitutional constraint

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    Constitutional Theory
    constitutionalism, empirical turn, proportionality analysis, rights, section 1
  • January 24, 2018

    A “non-constitutional” take on the Canada Summer Jobs Program (by guest blogger Kathryn Chan)

    The Trudeau government’s administration of the Canada Summer Jobs Program has attracted a great deal of criticism in recent weeks.  Controversy swirls around the “detestable attestation”, which requires groups that apply for program funding to attest that both the job [for which they plan to use the funding] and the group’s core mandate respect individual…

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    Uncategorized
  • January 24, 2018

    Chan on the Summer Jobs Programme

    Announcing a guest post on the “attestation” applicants to the federal government’s Summer Jobs Programme must provide

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    Uncategorized
  • January 22, 2018

    The NZBORA and the Noble Dream

    Introducing my new paper on the whether the idea of dialogue about rights between courts and Parliament makes sense in New Zealand

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    Constitutional law, Constitutional Theory
    dialogue, judicial power, New Zealand, weak-form judicial review
  • January 21, 2018

    The Detestable Attestation

    Thoughts on the federal government’s attempt to make religious groups capitulate to its views on abortion

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    Constitutional law, Law and Religion, Political philosophy
    abortion, Charter, freedom of conscience, Lord Acton, public benefits, unconstitutional conditions
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