originalism
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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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It’s Not What You Think
Brief responses to the most common misconceptions about originalism and its place in Canadian law 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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Just Hook It to My Veins
Judge Amy Coney Barrett’s excellent lecture on statutory and constitutional interpretation Continue reading
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Unusual Indeed
The trouble with a caustic, pseudo-originalist opinion of Wakeling JA Continue reading
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Keeping Faith
A master class in public meaning originalism, delivered by the US Supreme Court’s Justice Elena Kagan Continue reading
Double Aspect 