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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • December 22, 2017

    Was Lon Fuller an Originalist?

    Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation

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    Constitutional Theory, Legal philosophy
    congruence, constitutional interpretation, Fuller, originalism, purposivism, Rule of Law
  • December 19, 2017

    Squaring the Public Law Circle

    Canadian administrative lawyers keep trying to reconcile parliamentary sovereignty and the Rule of Law; they shouldn’t bother

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    Administrative Law, Constitutional law, Constitutional Theory
    accountability, deference, democracy, Parliamentary sovereignty, Rule of Law, standard of review, statutory interpretation
  • December 17, 2017

    Canadian Events in January

    Announcing talks in Montreal and Toronto

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    Uncategorized
  • December 15, 2017

    The $100 Question, in Court

    A challenge to Québec’s harsh limits on political contributions has a decent chance of succeeding

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    Constitutional law, Law of Democracy
    Charter, election law, financement politique, freedom of expression, political parties, politics, Québec
  • December 13, 2017

    Ceci est-il une conversation?

    The Supreme Court holds we can expect our text messages to remain private, even on other people’s phones

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    Constitutional law, Criminal Law/Policy, New Technologies
    cell phones, Charter, privacy, search, text messages
  • November 12, 2017

    Doré’s Demise?

    What do the Supreme Court’s latest decisions mean for judicial review of administrative decisions that implicate the Charter?

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    Administrative Law, Constitutional law
    Charter, judicial review, Rule of Law, Supreme Court of Canada
  • November 7, 2017

    A Hard Case

    Thoughts on the Supreme Court’s dismissal of a religious freedom claim based on Aboriginal beliefs

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    Constitutional law, Law and Religion
    Charter, diversity, freedom of expression, neutrality, property rights, religion, Supreme Court of Canada
  • November 5, 2017

    Bashing Bill 62

    Criticism of Québec’s face-veil ban coming from elsewhere in Canada is neither hypocritical nor disproportionate

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    Constitutional law, Law and Religion
    Bill 62, Canada, European Court of Human Rights, niqab, Québec, veil, voile
  • October 29, 2017

    Profession of Power

    A critique of Bob Tarantino’s celebration of the legal profession

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    Political philosophy, The Justice System
    diversity, Law Society, lawyers, liberalism, regulation
  • October 28, 2017

    An Originalism for North Freedonia

    Thoughts on an essay on “Originalism without Text” by Stephen Sachs ― and its relevance to Canada

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    Constitutional law, Constitutional Theory
    Canada, constitutional conventions, constitutional interpretation, history, originalism
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Recent Posts

  • How Power Corrupts VI
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