judges
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The Real Problem of Judicial Arrogance
What judicial arrogance is, and is not Alice Woolley has published a much discussed post over at Slaw, describing and decrying what she regards as “the problem of judicial arrogance”, and also the way in which lawyers and, presumably, legal academics enable this arrogance. Having been quite critical of the ways in which judges regard and Continue reading
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The Public Confidence Fairy
Public confidence in the courts cannot be the foundation of judicial independence Judicial independence is often justified, both in the decisions of the courts and in the broader public discourse, by the need to maintain public confidence in the administration of justice. It seems to me that this justification is not compelling. To borrow Paul Continue reading
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A Voice of Moderation?
Thoughts on the Chief Justice’s Speech on “Democracy and the Judiciary” Her court might not be very busy ― it had decided only 19 cases this year through May 31, the lowest number this century ― but Chief Justice McLachlin certainly is. Another Friday, another speech. After the one she gave at the Université de Montréal‘s Continue reading
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The Chief Justice and the Law
The CBA National Magazine’s blog has just published a blog post of mine that comments on the speech which Chief Justice McLachlin gave at the “Supreme Courts and the Common Law” symposium held at the Université de Montréal’s Faculty of Law last week. I argue that the Chief Justice misunderstands the history of the common Continue reading
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A Third View on Legislating Two Languages at the SCC
In the last number of days, Professor Grammond and incoming AUT Law School lecturer (and my very generous blogging host) Léonid Sirota have posted thoughtful analyses of whether Parliament can legislate a requirement that judges of the Supreme Court understand French and English without the assistance of translation. Grammond argues yes; Sirota says no. The Continue reading
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The Comprehension of “Composition”
Parliament cannot require Supreme Court judges to be bilingual Sébastien Grammond has published a guest-post over at Administrative Law Matters arguing that Parliament could legislate to prohibit the appointment of Supreme Court judges who are not bilingual. It is a bold and interesting argument, and I greatly admire prof. Grammond as a thinker and advocate. Nonetheless, Continue reading
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Permanent Problems
The law’s ideals and problems have not changed too much in 400 years I have only now read Francis Bacon’s essay “Of Judicature.” Bacon seems not to enjoy anything like the reputation of his rival Coke, in the law schools anyway ― I suspect that they haven’t heard much of Coke in the science faculties, Continue reading
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R.I.P., Antonin Scalia
How I will remember him I don’t know if Justice Antonin Scalia, of the U.S. Supreme Court, read, or liked, Bulgakov’s The Master and Margarita ― it was, no doubt, much too unorthodox for him, although he would at least have agreed with its insistence that we at least believe that the devil exists. But as Continue reading
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The Judges’ Law
Did you always want to know what my dissertation is about? Let me tell you! I have occasionally mentioned the doctoral thesis I have been working on for the past four and a half years, and even posted a few tidbits (here, here, and here). But I don’t think I’ve ever even explained what the Continue reading
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Taking Doctrine Seriously
Some thoughts on a most interesting lecture by Justice David Stratas Last week, at the Canadian Constitution Foundation’s Law and Freedom 2016 conference, Justice David Stratas of the Federal Court of Appeal delivered a fascinating lecture called “The Decline of Legal Doctrine.” I highly recommend it. I won’t summarize it beyond saying that Justice Stratas’ Continue reading
Double Aspect 