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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • June 8, 2017

    The Good, the Bad, and the Ugly

    A bill to improve Parliament’s constitutional scrutiny of legislation is a step forward ― but not good enough

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    Constitutional law
    Charter, constitutionalism, departmentalism, Parliament, politics
  • May 31, 2017

    An Easy Case

    Why funding Catholic schools on terms not available to others is an obvious infringement of religious freedom

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    Constitutional law, Law and Religion
    “separate” schools, Charter, neutrality, religion, Saskatchewan
  • May 30, 2017

    Dreaming of Dialogue

    Can New Zealand courts declare statutes to be inconsistent with the Bill of Rights Act? Does this matter?

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    Constitutional law, Constitutional Theory, Law of Democracy
    declarations of inconsistency, dialogue, judicial power, New Zealand, remedies, weak-form judicial review
  • May 29, 2017

    The Court on Conventions

    Shameless self-promotion for my latest academic article

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    Constitutional law, Constitutional Theory
    Canada, constitutional conventions, Supreme Court of Canada
  • May 24, 2017

    Inappropriate Remarks

    Justice Abella should be criticized, not praised, for her comments on Donald Trump

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    The Justice System
    impartiality, Justice Abella, politics, United States
  • May 10, 2017

    Chekhov’s Gun

    Why Dwight Newman’s defence of the Charter’s notwithstanding clause is unpersuasive

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    Constitutional law
    Canada, Charter, notwithstanding clause, Parliamentary sovereignty, Saskatchewan
  • May 5, 2017

    A Constitutional Moment

    Confederation as a constitutional moment, in George Brown’s words

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    History
    Canada, Confederation, George Brown
  • May 4, 2017

    Not Withstanding Scrutiny

    The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case

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    Constitutional law
    Canada, Charter, judicial review, notwithstanding clause, politics, rights, Saskatchewan
  • May 3, 2017

    No Money for You

    Can Saskatchewan fund non-Catholic students in Catholic schools? Raising government ire, a court says no.

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    Constitutional law, Law and Religion
    “separate” schools, Charter, equality, neutrality, Saskatchewan, section 93
  • April 18, 2017

    Don’t Fix It

    There is no good reason to start using the Charter’s “notwithstanding clause”

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    Constitutional law
    Canada, Charter, judicial review, notwithstanding clause
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