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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • October 9, 2024

    Canadian Sausage

    What the flaws in the Pharmacare Bill tells us about the indignity of legislation

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    Constitutional Theory, statutory interpretation
    Canada, legislation, pharmacare
  • September 10, 2024

    Not Getting the Message

    Introducing a new paper about judicial deference to administrative limitations of constitutional rights

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    Administrative Law, Constitutional law
    administrative constitutionalism, Canada, New Zealand, rights, United Kingdom
  • September 9, 2024

    Fairy Tales

    When judges talk about public confidence in the judiciary, they don’t really mean public opinion about the judiciary

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    Constitutional law, The Justice System
    impartiality, judicial independence, public confidence, public opinion
  • September 5, 2024

    Thick-Skin Ethics

    An update on the story of a thin-skinned judge

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    The Justice System
    criticism, judges, judicial conduct
  • August 14, 2024

    Property Rights and Freedoms

    Why property rights are necessary if freedoms of religion, expression, and association are to mean something

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    Political philosophy
    Charter, freedom of expression, fundamental freedoms, property rights, protest
  • August 12, 2024

    Power and Privilege

    Parliamentary privilege in the Supreme Court’s decision on the availability of Charter damages for unconstitutional legislation

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    Constitutional law
    Charter, Charter damages, parliamentary privilege, remedies, Supreme Court of Canada
  • August 6, 2024

    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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    Constitutional law
    Charter, Charter damages, good governance, Parliamentary sovereignty, remedies, Supreme Court of Canada
  • August 5, 2024

    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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    Constitutional law
    Charter, Charter damages, remedies, Supreme Court of Canada, tough on crime
  • July 16, 2024

    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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    History, Legal philosophy
    common good, Enlightenment, Europe, natural law, Roman Law, Rule of Law
  • July 15, 2024

    Rule of Law in Transition

    Some thoughts on Martyn Rady’s discussion of the legal systems of medieval central Europe.

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    History, Legal philosophy
    customary law, Europe, Middle Ages, Rule of Law
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