originalism
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Immuring Dicey’s Ghost
Introducing a new article on the Senate Reform Reference, constitutional conventions, and originalism ― and some thoughts on publishing heterodox scholarship Continue reading
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Common Good and Evil
Removing constitutional obstacles to power in the name of the common good is a dangerous, delusional idea Continue reading
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Immuring Dicey’s Ghost
The Senate Reform Reference and constitutional conventions Continue reading
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The Tragedy of Lord Sumption
Thoughts on Lord Sumption’s views on the relationship between law and politics Continue reading
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What Do You Want?
A proposal for an expanded (and entrenched) statutory bill of rights is confused and misguided Continue reading
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In the Beginning
Learning about, and from, Pierre Trudeau’s 1968 proposal for what would become the Canadian Charter Continue reading
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Keeping It Complicated
The Supreme Court issues its most originalist decision in years, but pretends it applies a different methodology Continue reading
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Not This Way
The trouble with a proposal for “a Canadian originalism” Continue reading
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The Dead Intent of the Framers
The tragedy of Doug Ford looks less like a tragedy after all, with the Court of Appeal for Ontario staying the decision of Justice Belobaba that ruled Ford’s planned council cut unconstitutional. The use of the notwithstanding clause is off the table, for now. But it would be hasty to move on too quickly. How Continue reading
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Things I Dislike about the Constitution
10 problems with the Canadian constitution (according to its original meaning) Continue reading
Double Aspect 