Canada
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Canadian Sausage
What the flaws in the Pharmacare Bill tells us about the indignity of legislation Continue reading
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Not Getting the Message
Introducing a new paper about judicial deference to administrative limitations of constitutional rights Continue reading
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A “Bright” Signal for Canada? Farewell to Chevron Deference
In Loper Bright, the Supreme Court of the United States overturned the long-standing judicial review doctrine of Chevron deference. The decision has been met with all manner of criticism and celebration. There is no doubt that Loper Bright sends an important and valuable signal: it is the judicial role to decide questions of law, wherever… Continue reading
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A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
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Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed. Continue reading
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The End of Administrative Supremacy in Canada
Introducing a new article on Canadian administrative law theory (and history) Continue reading
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Dissidents Need Not Apply
Ideological hiring in Canadian law schools Continue reading
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And Again
Confidence, not head counts, is the key to responsible government Continue reading
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Government Formation, Revisited
The orthodox understanding of the conventions of government formation is better than its populist rival Continue reading
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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… Continue reading
