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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • October 31, 2023

    The End of Administrative Supremacy in Canada

    Introducing a new article on Canadian administrative law theory (and history)

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    Administrative Law
    administrative state, administrative supremacy, Canada, democracy, Rule of Law, separation of powers
  • October 30, 2023

    Grow a Thicker Skin

    The bench is no place for those who can’t cope with criticism

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    The Justice System
    criticism, judges
  • October 25, 2023

    Listening to Podcasts Like a State

    The CRTC wants to know about podcasts. Beware!

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    Administrative Law, New Technologies
    administrative state, CRTC, information, podcasting, regulation
  • 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
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