constitutional interpretation
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading
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The Empty Canard of the Living Tree “Doctrine”
In 1989, Justice Scalia gave a speech entitled “Assorted Canards of Contemporary Legal Analysis.” These “canards,” are “certain oft-repeated statements…” that, while having “little actual impact upon the decision of the case” are “part of its atmospherics, or of its overarching philosophy…” Justice Scalia gave the example of the old adage that “remedial statutes should… Continue reading
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Does the Constitution Mean Anything?
In defence of textualism in constitutional interpretation Continue reading
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Climb Out!
The Québec Court of Appeal errs in holding that corporations are protected against cruel and unusual punishment Continue reading
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Textual Judicial Supremacy
The Canadian constitution’s text makes it clear that judges must have the last word on its interpretation Continue reading
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Look, Look, over There!
What role should comparative law play in constitutional adjudication in Canada? Continue reading
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Vancouver Event Next Week
Announcing another talk Continue reading
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Judicial Supremacy Defrocked
Justice Abella’s recent speech should remind us that courts are fallible. Continue reading
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Dealing with Delegation
Thoughts on a proposal for a judicial crackdown on the delegation of law-making powers to the executive Continue reading
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Setting the Story Straight
History, Originalism, and the Supreme Court’s decision in Comeau Continue reading
Double Aspect 