judicial review
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Which Principles? What Politicization?
A response to Maxime St-Hilaire’s appeal to principle over politics at the Supreme Court of Canada Continue reading
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Polyphony
How different constitutional orders respond to attempts at denying citizens access to adjudication Continue reading
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Not Withstanding Scrutiny
The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case Continue reading
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Don’t Fix It
There is no good reason to start using the Charter’s “notwithstanding clause” Continue reading
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Why I am Not a Conservative Either
Thoughts on Chief Justice Joyal’s very interesting speech on the Charter and Canada’s political culture Continue reading
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All about Administrative Law
Justice Stratas’ remarkable endeavour to improve our understanding of administrative law Continue reading
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Why Bother about the Charter?
The Supreme Court divides on whether one might claim Charter damages against an administrative tribunal Continue reading
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Don’t Know What You’re up to
Thoughts on Ilya Somin’s take on the consequences of political ignorance for judicial review Continue reading
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Constraint and Candour
The case for a constrained judiciary ― but also candour about adjudication At the website of Advocates for the Rule of Law (ARL), Asher Honickman has posted a reply to my post here on “How to Do Constitutional Adjudication” (which was itself a reply to some of his arguments in a previous ARL essay making “The… Continue reading
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How To Do Constitutional Adjudication
Some thoughts on Asher Honickman’s take on the judicial role As I mentioned in my previous post, I would like to respond to a number of points that Asher Honickman makes in a very interesting ― albeit, in my view, misguided ― essay written for CBA Alberta’s Law Matters and published at the website of… Continue reading
Double Aspect 