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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • February 14, 2017

    Accountability Ersatz

    The Court Challenges Program shows accountable government is no substitute for a small government

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    Political philosophy
    accountability, Court Challenges Program, government
  • February 7, 2017

    Still Playing Favourites

    Despite its broader focus, the Court Challenges Program remains objectionable

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    Constitutional law, The Justice System
    Canada, Charter, Court Challenges Program, politics, Rule of Law
  • February 7, 2017

    Justice in Masks

    (Some) French judges want their names removed from the decisions they make

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    The Justice System
    France, judges, Supreme Court of Canada, transparency
  • February 6, 2017

    A Pile of Problems

    A critique of Steven Penney’s take on the Supreme Court’s distinction between criminal and administrative penalties

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    Constitutional law, Criminal Law/Policy, History
    Charter, constitutional interpretation, Lochner, originalism, true penal consequences
  • February 2, 2017

    New Swearwords

    The Prime Minister wants to make a meaningless addition to our unconstitutional citizenship oath

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    Constitutional law
    Canada, citizenship, freedom of conscience, oath, treaty rights
  • January 27, 2017

    Maneant Scripta

    The Supreme Court protects its sources from “link rot”

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    New Technologies, The Justice System
    citations, hyperlinks, link rot, Supreme Court of Canada
  • January 26, 2017

    Too Conventional

    The UK Supreme Court’s conventional, and indefensible, thinking on the issue of constitutional conventions

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    Constitutional law, Constitutional Theory
    Brexit, constitutional conventions, United Kingdom
  • January 23, 2017

    Losing Our Way

    Neither “society’s tolerance” nor the “captive audience” doctrine justify censorship of anti-abortion ads

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    Constitutional law
    abortion, advertising, Canada, captive audience, freedom of expression
  • January 22, 2017

    Do You Really Have to Go?

    Lessons for Canada and New Zealand on resignations of MPs

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    Law of Democracy
    Canada, electoral reform, New Zealand, politics, Québec
  • January 18, 2017

    Why Bother about the Charter?

    The Supreme Court divides on whether one might claim Charter damages against an administrative tribunal

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    Administrative Law, Constitutional law
    Charter damages, judicial review, Supreme Court of Canada
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