rights
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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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On the Origin of Rights
Are religious justifications for rights and equality inadmissible in Canadian politics? Continue reading
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Nothing to Celebrate
Québec’s irreligious dress code proposal isn’t an opportunity to extol democracy, or to do away with judicial review of legislation Continue reading
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Doing Right on Rights
Why the Supreme Court was right to find the disenfranchisement of Canadians abroad unconstitutional Continue reading
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The Bowels of Administrative Law
Administrative guidelines that make it difficult to challenge the administrative state. Continue reading
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The Panglossian Peril
The dangers of naïve optimism in thinking about constitutional constraint Continue reading
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Not Withstanding Scrutiny
The Saskatchewan government hasn’t justified its resort to the notwithstanding clause in the Catholic school funding case Continue reading
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Debts of Gratitude
Over at the CBA National Magazine, Rebecca Bromwich has an interesting article reminding us of our debt of gratitude to the campaigners for women’s suffrage, and arguing that we owe it to their memory to vote it in the upcoming election. The first point is important and well-taken. The second, in my view, does not follow. Continue reading
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Happy 800th, Magna Carta!
Today is the 800th anniversary of the signing of the Magna Carta Libertatum ― or just the Magna Carta, among friends. The Great Charter has been much celebrated, and also derided, of late. In the New York Times, Sarah Lyall does an excellent job of summarizing the competing perspectives. The celebrations tend to emphasize Magna Carta’s Continue reading
Double Aspect 