Rule of Law
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Looking past Dunsmuir: Beginning Afresh
Imagining stable and generally acceptable administrative law doctrine Continue reading
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The Paradox of Simplicity
Dunsmuir failed to simplify administrative law; the framework that replaces it must account for the administrative state’s complexity Continue reading
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Theorizing Administrative Law
Does Dunsmuir Have a Philosophy? Continue reading
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RIP Reasonableness?
Does the Supreme Court’s latest administrative law decision mean it is no longer committed to deference to tribunals? 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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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
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Doré’s Demise?
What do the Supreme Court’s latest decisions mean for judicial review of administrative decisions that implicate the Charter? Continue reading
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Which Principles? What Politicization?
A response to Maxime St-Hilaire’s appeal to principle over politics at the Supreme Court of Canada Continue reading
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Lawless Society of Upper Canada
The LSUC’s attempt to make lawyers “promote diversity and inclusion” is lawless and incompatible with a free society Continue reading
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Polyphony
How different constitutional orders respond to attempts at denying citizens access to adjudication Continue reading
Double Aspect 