architecture
-
A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
-
Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
-
Dunsmuir and the Constitutional Status of the Administrative State
Have the courts built the administrative state into the constitution’s architecture? Continue reading
-
Yes, They Can
Constitutional amendment with provincial consent is not required for electoral reform. The federal government’s pursuit of electoral reform has raised a number of questions: is reform necessary or desirable at all? If so, what new electoral system to adopt? Should the people be consulted before reform is implemented? And now, thanks to op-eds published by Michael Continue reading
-
Don’t Rebuild It
I wrote yesterday about the uncertain constitutionality of the federal government’s outsourcing of the choice of potential nominees for the Supreme Court to the government of Québec (or any other province). The government’s reliance on such a process is, according to the Globe’s Sean Fine, who broke the story yesterday, not intended to create a precedent. But Continue reading
-
Conventional Thinking
There is big news on the Supreme Court appointment front today, which is arguably not getting enough attention. According to the Globe’s Sean Fine, “[t]he Conservative government has turned to Quebec to create a candidate list for the Supreme Court of Canada” ― asking the provincial government to submit names of potential replacements for Justice Fish Continue reading
-
The Façade and the Edifice
This is my much-delayed post on the Supreme Court’s opinion, issued last Friday, in Reference re Senate Reform, 2014 SCC 32. Although the Court’s conclusions, all of which I had correctly predicted the day before, were not really a surprise, its reasoning was somewhat unexpected. It is also rather vague and difficult to understand. This may have been the Continue reading
Double Aspect 