Doré
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Day 12: Mark Mancini
Here are my three favourite dissents at the Supreme Court of Canada. All of my dissents are united by a focus on the Rule of Law and constitutionalism, traditionally understood. In other words, they prioritize constitutional text over abstract values; and they focus particularly on the hierarchy of laws under which the Constitution>statutes>the common law. Continue reading
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More Charter Values Nonsense
When will this end? Continue reading
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It’s Happening Here Too
Canadians need to heed David Bernstein’s warning about administrative decision-makers’ disregard of constitutional rights Continue reading
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state Continue reading
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Charter Rights and Charter-Lite
How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading
Double Aspect 