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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • September 28, 2023

    It’s Nonsense But It Works

    The Supreme Court’s latest administrative law decision is welcome, but it too is unsound in principle

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    Administrative Law
    deference, Federal Courts, immigration law, standard of review, Vavilov
  • September 26, 2023

    Dissidents Need Not Apply

    Ideological hiring in Canadian law schools

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    academia
    Canada, diversity, law school, pluralism
  • August 17, 2023

    Can Do Better

    An interesting, but seriously flawed, decision on the separation of powers

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    Administrative Law, Constitutional law
    discretion, legislation, separation of powers, standard of review
  • August 9, 2023

    And Again

    Confidence, not head counts, is the key to responsible government

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    Constitutional law
    Canada, constitutional conventions, government formation, politics
  • August 4, 2023

    Government Formation, Revisited

    The orthodox understanding of the conventions of government formation is better than its populist rival

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    Constitutional law
    Canada, constitutional conventions, government formation, King-Byng, political ignorance, politics
  • August 3, 2023

    Conventions from on High

    A couple of weeks ago, I published a post arguing that the conventions of government formation in Canada did not give any special entitlement to the party winning a plurality of seats at a general election ― just like these same conventions in the UK and in New Zealand. That post invited responses from the

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    Constitutional law
    Canada, constitutional conventions, government formation
  • August 2, 2023

    Justice Brown’s Resignation: Now What?

    A new podcast episode

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    Podcast Episodes, The Justice System
    judicial conduct, judicial independence, Supreme Court of Canada
  • August 1, 2023

    Private Conscience or Public Choice

    Why universities should not trade on their reputation to intervene in politics or social debates

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    academia
    freedom of conscience, politics, university, voting
  • July 19, 2023

    Rules Matter

    Why the rules of government formation are the way they are, and why they matter

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    Constitutional law
    Canada, constitutional conventions, government formation, New Zealand, responsible government, United Kingdom
  • July 7, 2023

    Deferring to Discriminators

    The US Supreme Court explains why courts should not defer to officials when it comes to rights issues

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    Administrative Law, Constitutional law
    administrative constitutionalism, deference, judicial review, rights, United States
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