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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • January 8, 2017

    Quisque?

    Would term limits for Chief Justices be a good idea?

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    The Justice System
    Chief Justice, judges, Supreme Court of Canada, term limits
  • January 5, 2017

    New Year, New Look

    For 2017, Double Aspect has a new look and a new address

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    Uncategorized
    blogging
  • December 29, 2016

    Abusus Non Tollit Usum

    Should judges refrain from accusing their colleagues of acting illegitimately?

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    Legal philosophy, The Justice System
    dissent, judges, judicial activism, judicial power, Rule of Law
  • December 19, 2016

    Powerless Law

    Timothy Endicott’s challenging views on law and the constraint of public power

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    Legal philosophy
    executive power, power, prerogative, Rule of Law
  • December 13, 2016

    Erasing Constitutional White Spots

    A critique of Vanessa MacDonnell’s theory of quasi-constitutional legislation One of my first posts on this blog dealt with the topic of quasi-constitutional rights and quasi-constitutional laws, in which such rights are mostly, although not exclusively, found. I have not really returned to that subject since, except in commenting on one case in which the

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    Constitutional law, Constitutional Theory
    Canada, quasi-constitutional law
  • December 12, 2016

    #Clawbies2016

    My nominations for this year’s Clawbies, and some other recommendations December in the Southern hemisphere means that summer, not winter, is around the corner, and while the Santa Parade and Christmas trees are all there, they mostly provoke cognitive dissonance in those of us used to their being accompanied by snow (or grumblings about the

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    Uncategorized
    blogging, clawbies
  • December 8, 2016

    Passing Observations

    Some thoughts on writing exams, from a guy who just graded 240 of them As I’ve mentioned in previous posts, I recently graded (or, as we say in New Zealand, marked) more than 240 exam papers (or scripts). So I thought I’d volunteer some observations, in case any students who might be reading this are

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    Uncategorized
    exams, law school, teaching
  • December 5, 2016

    Unhappy Camper

    The shortcomings of the report into the misconduct of Justice Camp The Inquiry Committee set up by the Canadian Judicial Council to investigate whether Justice Robin Camp ― the “why didn’t keep your knees together” judge ― has “committed misconduct and placed himself, by his conduct, in a position incompatible with the due execution of

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    Constitutional law, The Justice System
    criticism, discrimination, judges, judicial independence, sexual assault
  • December 4, 2016

    Law in La-La-Land

    The post-truth jurisprudence of Canadian administrative law Last month, the Supreme Court issued a decision in Edmonton (City) v. Edmonton East (Capilano) Shopping Centres Ltd., 2016 SCC 47, which deals with the evergreen issue of determining the standard on which a court must review the decision of an administrative tribunal. I wasn’t able to comment on this case at

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    Administrative Law
    deference, expertise, reasonableness, statutory interpretation
  • November 24, 2016

    Where Is the Grass Greener?

    In a recent article in Constitutional Forum, Peter Russell argues that Canada needs to imitate New Zealand by creating a Cabinet Manual that would, notably, contain an authoritative although not legally binding statement of the principal constitutional conventions, especially those that regulate the formation of governments. While this would, in prof. Russell’s view, have a

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    Constitutional Theory
    Cabinet Manual, Canada, codification, conventions, entrenchment, New Zealand, political ignorance
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