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Double Aspect

Double Aspect

Canadian public law and other exciting things


  • July 3, 2023

    What Is the Constitution of Cyberspace Like?

    Introducing an article and a blog post on “digital constitutionalism”

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    Constitutional Theory, New Technologies
    constitution, constitutionalism, digital constitutionalism, internet
  • June 30, 2023

    Creative, Not Compelled

    Noteworthy comments on compelled speech by Gorsuch J

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    Constitutional law
    compelled speech, free speech, freedom of expression, United States
  • June 22, 2023

    Values, Harm, and Free Expression

    Reviewing and discussing Camden Hutchison’s great article on the SCC’s freedom of expression jurisprudence

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    Constitutional law, Podcast Episodes
    freedom of expression, Supreme Court of Canada
  • June 21, 2023

    Justice Brown Was Not Purged

    Concerns about the Supreme Court’s image are a more likely reason for Brown J’s departure than ideology

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    The Justice System
    Canadian Judicial Council, ideology, judicial independence, Supreme Court of Canada
  • March 23, 2023

    It’s Not What You Think

    Brief responses to the most common misconceptions about originalism and its place in Canadian law

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    Constitutional Theory
    Canada, constitutional interpretation, originalism
  • March 16, 2023

    Constitutional Veggie Burgers

    My lecture on the Alberta Sovereignty Act and the Saskatchewan First Bill

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    Constitutional law
    Alberta, Saskatchewan
  • March 9, 2023

    The Made-Up Law Made Them Do It

    The Supreme Court’s made-up right to vote doctrine works its mischief at the Ontario Court of Appeal

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    Constitutional law, Law of Democracy
    campaign spending, Charter, election law, Ontario, permanent campaign, third parties
  • January 25, 2023

    A Defense of Doctrine

    Sometime ago, I was doing a presentation on the recent doctrine in a particularly contentious area of law at a Canadian law school. The presentation was designed to show how developments in the doctrine were inconsistent with fundamental principles underlying the doctrine, and that the doctrine should therefore be adjusted. I’m remaining at a high

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    Administrative Law, Constitutional law
    doctrine, law, methodology
  • January 11, 2023

    Consequences

    Are demands that speech not be punished just a childish attempt to escape consequences?

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    Constitutional law, Political philosophy
    free speech, freedom of expression, rights
  • December 20, 2022

    In the Name of God, Go!

    The Canadian Judicial Council wants a tardy, cantankerous judge gone. So do I.

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    The Justice System
    Canadian Judicial Council, delay, judges, judicial conduct
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