constitutional interpretation
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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
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Dirty Word or Dirty Little Secret?
My talk on originalism at the Université de Montréal Continue reading
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A Pile of Problems
A critique of Steven Penney’s take on the Supreme Court’s distinction between criminal and administrative penalties Continue reading
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Keeping Time, Time, Time
The Supreme Court changes the meaning of the right to be tried within a reasonable time A couple of weeks ago, the Supreme Court issued a very important, and fairly radical, decision on the “right … to be tried within a reasonable time,” which paragraph 11(b) of the Canadian Charter of Rights and Freedoms grants to “any… Continue reading
Double Aspect 