procedural fairness

April 2, 2025

Due Process among Humans

Do law-breakers deserve due process, or is it only a device to protect the innocent? Continue reading

Legal philosophy, The Justice System

due process, procedural fairness
March 24, 2025

Vermeule and Verres

The “common good constitutionalism” motte-and-bailey revisited, and why due process matters to the moderns as well as the ancients Continue reading

Administrative Law, Constitutional Theory

Cicero, common good constitutionalism, procedural fairness, United States, Vermeule
August 30, 2022

A Nod to the Pod

Introducing the experimental Double Aspect Pod Continue reading

Podcast Episodes

assisted suicide, podcast, procedural fairness, standard of review, statutory interpretation
April 23, 2020

How Much Justice Can You Afford?

The trade-offs involved in designing fair administrative procedures Continue reading

Administrative Law

administrative state, agency design, institutions, procedural fairness, procedure
August 31, 2018

The Bowels of Administrative Law

Administrative guidelines that make it difficult to challenge the administrative state. Continue reading

Administrative Law

Administrative Law, procedural fairness, rights
April 14, 2018

Despotism, Revisited

Thoughts upon belatedly reading an (anti-)administrative law classic Continue reading

Administrative Law, History, The Justice System

administrative state, deference, delegation, judicial review, Lord Hewart, procedural fairness, Rule of Law
March 1, 2018

Transparency and Institutional Bias in Canadian Administrative Law

Why the Dunsmuirian approach is not enough Continue reading

Administrative Law, The Dunsmuir Decade

procedural fairness
February 23, 2018

The Merits of Dunsmuir

Rightly or Wrongly Decided (Then and Today)? Continue reading

Administrative Law, The Dunsmuir Decade

disguised correctness review, Dunsmuir, procedural fairness, public employment, reasonableness, statutory interpretation
February 14, 2018

The Privilege of Public Employment

Is Dunsmuir’s treatment of public employees consistent with the principles it articulated? Continue reading

Administrative Law, The Dunsmuir Decade

Dunsmuir, procedural fairness, public benefits, public employment
December 15, 2015

Anti-Bullying Law Struck Down

Last week, the Supreme Court of Nova Scotia struck down the province’s recently-enacted anti-cyber-bullying legislation, the Cyber-Safety Act. In Crouch v. Snell, 2015 NSSC 340, Justice McDougall holds that the Act both infringed the freedom of expression protected by s. 2(b) of the Canadian Charter of Rights and Freedoms, and made possible deprivations of liberty inconsistent with Continue reading

Constitutional law, New Technologies

Charter, cyber-bullying, freedom of expression, fundamental justice, procedural fairness, vagueness