constitutional interpretation
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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
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R v Poulin: Charter Interpretation in the Spotlight
Introduction Section 11 (i) of the Charter guarantees the right to offenders “if found guilty of the offence and if the punishment for the offence has been varied between the time of commission and the time of sentencing, to the benefit of the lesser punishment.” Ambiguity ripples through this provision. Most notably, does the provision… Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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What Do You Want?
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided Continue reading
Double Aspect 