constitutional conventions
-
A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
-
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
-
And Again
Confidence, not head counts, is the key to responsible government Continue reading
-
Government Formation, Revisited
The orthodox understanding of the conventions of government formation is better than its populist rival Continue reading
-
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
-
Rules Matter
Why the rules of government formation are the way they are, and why they matter Continue reading
-
Keeping Faith
A master class in public meaning originalism, delivered by the US Supreme Court’s Justice Elena Kagan Continue reading
-
Immuring Dicey’s Ghost
Introducing a new article on the Senate Reform Reference, constitutional conventions, and originalism ― and some thoughts on publishing heterodox scholarship Continue reading
-
Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
-
Heresy!
The UK Supreme Court’s decision in “the Case of Prorogations” and the political constitution Continue reading
Double Aspect 