discretion

August 17, 2023

Can Do Better

An interesting, but seriously flawed, decision on the separation of powers Continue reading

Administrative Law, Constitutional law

discretion, legislation, separation of powers, standard of review
April 19, 2021

Ontario’s COVID-19 Discretion Tragedy

Ontarians watched with a mix of horror and confusion on Friday as Premier Ford and medical officials announced what could only be described as drastic measures to, apparently, curb the spread of COVID-19 and its related variants. While the government has flip flopped on these measures since, and it is unclear if further changes are Continue reading

Administrative Law, Constitutional law, Constitutional Theory

discretion, police, Rule of Law
October 8, 2019

The Road to Serfdom at 75: Part II

Hayek’s proposals for resisting collectivism Continue reading

History, Legal philosophy, Political philosophy

conscience, discretion, economics, Hayek, individualism, morality, Rule of Law
June 16, 2012

A Reasonable Opinion

The Supreme Court delivered an interesting decision in Halifax (Regional Municipality) v. Canada (Public Works and Government Services), 2012 SCC 29, yesterday. On the surface, it is a rather dull, or at least purely technical, case about the proper method of assessing the value of land occupied by a historical monument. But it has much broader implications, Continue reading

Administrative Law

discretion, government, judicial review