delegation
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Despotism, Revisited
Thoughts upon belatedly reading an (anti-)administrative law classic Continue reading
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Precedent and Democracy
“Long-standing” precedent is generally regarded as more authoritative than one of recent vintage. But there is reason to question that assumption, too. The more ancient a rule, the more likely it is that the reasons that made it sensible or good (whatever one’s criteria for the goodness of legal rules!) at the time it crystallized Continue reading
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Less Than Meets the Eye?
Last week, the BC Court of Appeal issued what seems to me an important decision upholding the constitutionality of a treaty between the Nisga’a Nation, British Columbia, and Canada, and legislation implementing the treaty. The appellants in Sga’nism Sim’augit (Chief Mountain) v. Canada (Attorney General), 2013 BCCA 49, argued that the treaty and the legislation effected an Continue reading
Double Aspect 