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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • June 21, 2024

    Marxist Administrative Law

    The Supreme Court re-writes the law of judicial review. Again. Maybe. Who knows, eh?

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    Administrative Law, Constitutional law
    Charter, deference, Doré, schools, standard of review
  • June 3, 2024

    ¿Por qué no se calla?

    The Chief Justice’s annual press conference is unseemly and inappropriate

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    The Justice System
    Supreme Court of Canada, Chief Justice Wagner
  • February 15, 2024

    A Strategy against Lethargy?

    Can courts order the government to appoint judges promptly? It’s complicated, but probably not

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    Constitutional law, The Justice System
    architecture, Canada, constitutional conventions, courts, judicial appointments, justiciability
  • February 14, 2024

    Putting the Courts Together Again

    The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed.

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    Constitutional law, The Justice System
    Canada, constitutional conventions, courts, judicial appointments, justiciability
  • January 8, 2024

    Sotto Voce

    The Supreme Court has an inexplicable habit, especially in administrative law. Much has been written about the Court’s uneasy—to put it mildly—relationship with precedent. Especially after Bedford/Carter, which expanded the grounds on which previous precedents can be discarded, stare decisis is less of a hard-and-fast rule and more of an option in hard cases. But…

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    Uncategorized
    Administrative Law, Charter, judicial review
  • December 13, 2023

    #LOLNothingMatters

    The Supreme Court’s decision to uphold deferential review of administrative decisions that implicate “Charter values” is deeply unserious

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    Administrative Law, Constitutional law
    Charter, Charter values, deference, Doré, legal doctrine, Supreme Court of Canada
  • December 11, 2023

    The Metastasis of Charter Vibes…Again

    **A version of this appeared in my newsletter, the Sunday Evening Administrative Review** For the two years or so that I have been doing this newsletter, the story has been a good one. Vavilov settled the law of judicial review to such a considerable extent that I found myself optimistic about the state of things. However, this…

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    Uncategorized
    administrative constitutionalism, Administrative Law, Charter, Dore
  • December 4, 2023

    Bonkerstown Bypass

    The “math is racist” decision is overturned―on narrow grounds that give little guidance for the future

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    Administrative Law, Constitutional law
    Charter, disparate impact, Doré, equality, Ontario, teachers
  • November 20, 2023

    Montreal and Aboriginal Law

    Is Montreal built on unceded Indigenous land? No, actually

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    Constitutional law, Guest Posts, History
    aboriginal law, aboriginal title, Montreal
  • November 6, 2023

    A Squalid Policy

    The UK Home Secretary wants to ban homeless people’s tents

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    Legal philosophy, Political philosophy
    disgust, emotions, homelessness, United Kingdom
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