Bill of Rights
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Unconstitutional and Unconstitutional
Why delegating plenary taxing powers to the executive is wrong as a matter of constitutional principle and constitutional law Continue reading
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State, Means, and Ends
I am auditing Jeremy Waldron’s seminar on human dignity this semester. Since prof. Waldron’s rule is that auditors “must be seen but not heard” in class, I will use the blog as an outlet for thoughts and comments. One thing we did in yesterday’s seminar was to go through the rights-protecting amendments to the U.S. Continue reading
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Drop That Gun! (But Keep the Bullets)
The Superior Court of Ontario has recently delivered its decision in The Queen v. Montague, 2012 ONSC 2300, an interesting case at the intersection of the topics property rights, and gun rights, about which I wrote here and here. In fact, in the latter post, I had mentioned a previous decision in this case, by the Continue reading
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A Right to Bear Arms? Canadian Cases
Here’s something I should have done yesterday, before launching into my analysis of the Charter‘s protection of liberty and of the right to bear arms: read some actual cases! Well, better late than never. In R. v. Hasselwander, [1993] 2 S.C.R. 398, Justice Cory, writing for a 3-2 majority, opined, at p. 414, that “Canadians, unlike Americans Continue reading
Double Aspect 