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Power and Privilege
Parliamentary privilege in the Supreme Court’s decision on the availability of Charter damages for unconstitutional legislation
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Power and Governance
Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not
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Way to Power
Setting the scene for understanding the Supreme Court’s decision allowing damages as a remedy for legislative violations of the Charter
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The Common Good Enlightenment
Governing for the common good has been tried before, Martyn Rady explains. It did not go well.
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Rule of Law in Transition
Some thoughts on Martyn Rady’s discussion of the legal systems of medieval central Europe.
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An Inglorious Triumph
Introducing a new article about the US legal conservative movement and its inglorious triumph during the Trump presidency
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A “Bright” Signal for Canada? Farewell to Chevron Deference
In Loper Bright, the Supreme Court of the United States overturned the long-standing judicial review doctrine of Chevron deference. The decision has been met with all manner of criticism and celebration. There is no doubt that Loper Bright sends an important and valuable signal: it is the judicial role to decide questions of law, wherever
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Marxist Administrative Law
The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh?
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¿Por qué no se calla?
The Chief Justice’s annual press conference is unseemly and inappropriate
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A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not
Double Aspect 