Parliamentary sovereignty

August 6, 2024

Power and Governance

Will the prospect of damages awards to compensate the victims of unconstitutional legislation interfere with good governance? I think not Continue reading

Constitutional law

Charter, Charter damages, good governance, Parliamentary sovereignty, remedies, Supreme Court of Canada
October 28, 2019

Mulling over Miller

Some thoughts on the UK Supreme Court’s decision in “the case of prorogations” Continue reading

Constitutional law

justiciability, Parliamentary sovereignty, prerogative, prorogation, underlying principles, United Kingdom
December 20, 2018

Not This Way

The trouble with a proposal for “a Canadian originalism” Continue reading

Constitutional law, The Justice System

Canada, Charter, originalism, Parliamentary sovereignty
September 4, 2018

Things I Dislike about the Constitution

10 problems with the Canadian constitution (according to its original meaning) Continue reading

Constitutional law

Canada, economic liberty, judicial independence, notwithstanding clause, originalism, Parliamentary sovereignty, property rights
March 8, 2018

Looking past Dunsmuir: Beginning Afresh

Imagining stable and generally acceptable administrative law doctrine Continue reading

Administrative Law, The Dunsmuir Decade

deference, Dunsmuir, legal doctrine, Parliamentary sovereignty, Rule of Law, statutory interpretation
December 19, 2017

Squaring the Public Law Circle

Canadian administrative lawyers keep trying to reconcile parliamentary sovereignty and the Rule of Law; they shouldn’t bother Continue reading

Administrative Law, Constitutional law, Constitutional Theory

accountability, deference, democracy, Parliamentary sovereignty, Rule of Law, standard of review, statutory interpretation
May 10, 2017

Chekhov’s Gun

Why Dwight Newman’s defence of the Charter’s notwithstanding clause is unpersuasive Continue reading

Constitutional law

Canada, Charter, notwithstanding clause, Parliamentary sovereignty, Saskatchewan