courts
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Are You Talking to Me?
Courts seek to shape public opinion; but should they? Continue reading
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A Strategy against Lethargy?
Can courts order the government to appoint judges promptly? It’s complicated, but probably not Continue reading
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Putting the Courts Together Again
The Federal Court orders the government to get on with appointing judges. But its judgment is very badly flawed. Continue reading
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Shapes and Sizes
Public lawyers (and public law students) should think about government size―and shape Continue reading
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Precedent and Respect
When ― if ever ― can lower courts criticise their hierarchical superiors? Continue reading
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Case Not Made
Unconvincing arguments against judicial enforcement of rights under the UK’s Human Rights Act 1998 Continue reading
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The Core of It: Quebec Reference and Section 96
At the end of June, the Supreme Court of Canada released its decision in the Court of Quebec case (what I call, unoriginally, the Quebec Reference). The main question in the case: does art. 35 of the Code of Civil Procedure, which grants the Court of Quebec exclusive jurisdiction over all civil disputes up to Continue reading
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Activism v Constitution
The federal court rightly holds that the judiciary cannot control Canada’s climate policy Continue reading
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One Does Not Simply
Ensuring access to justice isn’t simply a matter of the legal profession’s being more open to “experiments” Continue reading
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Ignoring Legislative Intent: Deference in Quebec and s.96
The constitutionality of a regime of deference is not something much explored in the wider context of Canadian administrative law. But in Quebec, the question is a live one because of particular statutory and judicial arrangements. The Quebec Court of Appeal just released a case [the Reference] that dealt with the question head on: does Continue reading
Double Aspect 