constitutional interpretation
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Counting to Three
How many different theories of constitutional interpretation are there? Continue reading
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Reading the Constitution of Canada
A reading list on constitutional interpretation in Canada Continue reading
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(Pro)Rogue-ish
The Federal Court dismisses the challenge to the prorogation of Parliament Continue reading
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Are You Talking to Me?
Courts seek to shape public opinion; but should they? Continue reading
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It’s Not What You Think
Brief responses to the most common misconceptions about originalism and its place in Canadian law Continue reading
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Who’s Afraid of the Rule of Law?
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication Continue reading
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Constitutional Law Ruins Everything. A (sort of) response to Mancini’s “Neutrality in Legal Interpretation.”
This post is by Andrew Bernstein. No! I am not an academic nor was meant to be.Am a mere practitioner, one that will doTo settle a dispute, argue an appeal or twoWhen advising clients, the law’s my tool.Deferential, if it helps me sway the courtArgumentative, and (aspirationally) meticulous.Case-building is my professional sportTrying my hand at Continue reading
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Guest Post: Andrew Bernstein
We continue our week of guest posts. This time, we will be posting a contribution from Andrew Bernstein (Tory’s), in response to my post last week on the ideal of neutrality in legal interpretation. Continue reading
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Neutrality in Legal Interpretation
Nowadays, it is unfashionable to say that legal rules, particularly rules of interpretation, should be “neutral.” Quite the opposite: now it is more fashionable to say that results in cases depend on the “politics” of a court on a particular day. Against this modern trend, not so long ago, it was Herbert Wechsler in his Continue reading
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Still Keeping It Complicated
The Supreme Court tries to bring more rigour to constitutional interpretation and takes a step towards textualism, but won’t admit it Continue reading
Double Aspect 