constitutional interpretation
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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
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Was Lon Fuller an Originalist?
Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation Continue reading
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An Originalism for North Freedonia
Thoughts on an essay on “Originalism without Text” by Stephen Sachs ― and its relevance to Canada Continue reading
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Which Principles? What Politicization?
A response to Maxime St-Hilaire’s appeal to principle over politics at the Supreme Court of Canada Continue reading
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The Originalist Papers
Benjamin Oliphant’s and my articles on originalism in Canada are officially out Continue reading
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An Invitation
Can those who endorse “living tree” constitutional interpretation tell us why, and what it entails? Continue reading
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Arguing against Originalism Badly
Noura Karazivan’s flawed argument against using originalism to understand constitutional structure Continue reading
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Why I am Not a Conservative Either
Thoughts on Chief Justice Joyal’s very interesting speech on the Charter and Canada’s political culture Continue reading
Double Aspect 