politics
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Rights and Votes
Is it ever ok to put people’s rights to a democratic vote? Dahlia Lithwick and Sonja West are adamant that it is not, as they make clear in an article in Slate on the subject of same-sex marriage. But their argument is wrong, and indeed dangerous. Ms Lithwick and Ms West argue that “marriage equality Continue reading
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Constitutional Structure and Economic Outcomes
A few days ago, F.H. Buckley, a professor at the George Mason School of Law (and McGill law graduate and former professor) published in the National Post an op-ed arguing that the Canadian constitutional system, and in particular its lack of separation of powers, serves us rather well by helping maintain a free economy and Continue reading
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In Defence of Offensive Government
The Volokh Conspiracy’s Randy Barnett points to an essay by Matt Welch arguing that the more government expends, the more it gives offence to this or that person or group, because its intervention conflicts with someone’s moral views. It’s not just penal laws and regulatory mandates (which prohibit people doing something they find morally required or require Continue reading
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Dreaming Double
As promised, some thoughts on Jeremy Waldron’s new paper on bicameralism, which I summarized last week. First, Waldron’s take on bicameralism reflects his usual fondness of and optimism about legislatures. Legislatures can really be great at making policy, resolving disagreements, and protecting rights, he is convinced, if only they function well. “Legislative due process” is Continue reading
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The A-Word
Why is it that we cannot have a sane conversation if the word ‘abortion’ comes up? It is a difficult moral issue of course, but so are others, from the death penalty to the balance governments must strike between freedom and equality, or freedom and security. Yet although debate on these issues is often heated, Continue reading
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Waldron on Bicameralism
The ever brilliant and ever productive Jeremy Waldron has posted three new papers on SSRN this week: one on “The Principle of Loyal Opposition,” one on separation of powers, and one on bicameralism. They all look very interesting, and also very relevant to the current Canadian events. I hope to blog on all of them, but Continue reading
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Legal and Political Questions about Student Protests
Faced with the lengthening strikes and the prospect of losing their semester – and thus having their graduation and their entry on the job market delayed – students at many of Québec’s CÉGEPs and universities have turned to the courts and have been seeking, and obtaining, injunctions forcing the schools to get back to teaching Continue reading
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A Belated Happy Birthday to the Charter
I wasn’t able to post yesterday, but still want to say something good on the Charter‘s anniversary. My doubts and worries notwithstanding, I believe that the Charter has done Canada a lot of good. With Lord Acton, I believe that “[l]iberty is not the means to a higher political end. It is itself the highest Continue reading
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A Charter Child’s Blues
This was originally written more than three years ago now, but I am fond of the text. I thought I would repost it tomorrow, on the Charter‘s 30th anniversary, but decided to do it today. Hopefully I’ll come up with something more celebratory tomorrow. *** I am a proud Charter child. A copy of the Continue reading
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Student Protests and Election Law
Cyberpresse (La Presse’s website) has published my op-ed (en français) on the effects a possible spring election in Québec would have on the student protests against tuition fee hikes. In a nutshell, I argue that, given their explicit opposition to the Liberal government, any expenses the protesters would engage in during an election campaign would count Continue reading
Double Aspect 