constitutional interpretation
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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
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Comeau’s Lesson
It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it Continue reading
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Unmaking History
In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution Continue reading
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Repurposing Constitutional Construction
Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians? Continue reading
Double Aspect 