constitutional interpretation
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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
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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
Double Aspect 