constitutional interpretation
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You Read It Here First
The Supreme Court holds that the Charter does not protect corporations against cruel and unusual punishment Continue reading
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Let Us Reason Together
A call for dialogue on constitutional interpretation, free from anti-originalist myths Continue reading
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Missing the Forest for the Living Tree
What Lord Sankey actually meant with his living tree metaphor Continue reading
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The Sex Appeal of Power
I’ve noticed a disturbing trend recently, in both politics and law. The idea is what I call the “one-way ratchet fallacy” of power. It goes like this: when an institution or entity obtains power of some kind, that power will only ever be used to fulfill certain goals rather than others. That is, people might Continue reading
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Just Hook It to My Veins
Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation Continue reading
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Unusual Indeed
The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading
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Counter-Rebellion
Judges of the Alberta Court of Appeal question the Supreme Court’s jurisprudence on mandatory minimum sentences Continue reading
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Keeping Faith
A master class in public meaning originalism, delivered by the US Supreme Court’s Justice Elena Kagan Continue reading
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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
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Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
Double Aspect 