Canada
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Chekhov’s Gun
Why Dwight Newman’s defence of the Charter’s notwithstanding clause is unpersuasive Continue reading
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A Constitutional Moment
Confederation as a constitutional moment, in George Brown’s words Continue reading
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Not Withstanding Scrutiny
The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case Continue reading
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Don’t Fix It
There is no good reason to start using the Charter’s “notwithstanding clause” Continue reading
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Playing Favourites, Anniversary Edition
On the anniversary of the Constitution Act, 1982, a shout out to the provision restricting constitutional amendment Continue reading
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An Invitation
Can those who endorse “living tree” constitutional interpretation tell us why, and what it entails? Continue reading
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Arguing against Originalism Badly
Noura Karazivan’s flawed argument against using originalism to understand constitutional structure Continue reading
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Crashing the Party
Andrew Coyne says we should re-think how we choose party leaders. So here are my thoughts. Continue reading
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Why I am Not a Conservative Either
Thoughts on Chief Justice Joyal’s very interesting speech on the Charter and Canada’s political culture Continue reading
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Still Playing Favourites
Despite its broader focus, the Court Challenges Program remains objectionable Continue reading
Double Aspect 