living constitutionalism
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Counting to Three
How many different theories of constitutional interpretation are there? Continue reading
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Reading the Constitution of Canada
A reading list on constitutional interpretation in Canada Continue reading
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Interpretation and the Value of Law
Why the interpretation of law must strive for objectivity, not pre-determined outcomes Continue reading
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Putting Stare Decisis Together Again
Originalists and living constitutionalists alike have good Rule of Law reasons for being wary of appeals to reinvigorate stare decisis Continue reading
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Still Keeping It Complicated
The Supreme Court tries to bring more rigour to constitutional interpretation and takes a step towards textualism, but won’t admit it Continue reading
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Let Us Reason Together
A call for dialogue on constitutional interpretation, free from anti-originalist myths Continue reading
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Missing the Forest for the Living Tree
What Lord Sankey actually meant with his living tree metaphor Continue reading
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The Rule of Law All the Way Up
Introducing my recently-published chapter on the Rule of Law and Canadian constitutional law Continue reading
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Comeau’s Lesson
It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it Continue reading
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Unmaking History
In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution Continue reading
Double Aspect 