originalism
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent; Continue reading
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Setting the Story Straight
History, Originalism, and the Supreme Court’s decision in Comeau 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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Repurposing Constitutional Construction
Is Randy Barnett and Evan Bernick’s theory of originalist constitutional construction relevant to Canadians? Continue reading
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Was Lon Fuller an Originalist?
Some thoughts on Lon Fuller, the Rule of Law, and constitutional interpretation Continue reading
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An Originalism for North Freedonia
Thoughts on an essay on “Originalism without Text” by Stephen Sachs ― and its relevance to Canada Continue reading
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The Originalist Papers
Benjamin Oliphant’s and my articles on originalism in Canada are officially out Continue reading
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An Invitation
Can those who endorse “living tree” constitutional interpretation tell us why, and what it entails? Continue reading
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Arguing against Originalism Badly
Noura Karazivan’s flawed argument against using originalism to understand constitutional structure Continue reading
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Dirty Word or Dirty Little Secret?
My talk on originalism at the Université de Montréal Continue reading
Double Aspect 