Supreme Court of Canada
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The Supreme Court v the Rule of Law
In ruling against Trinity Western’s fundamentalist law school, the Supreme Court unleashes the administrative state Continue reading
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Is Deference Possible Here?
The Supreme Court’s latest administrative law decision shows why disguised correctness is the default standard of review Continue reading
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Jousting over Jurisdiction
A summary of the Supreme Court judges’ competing views on how to assess the validity of delegated legisation Continue reading
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Setting the Story Straight
History, Originalism, and the Supreme Court’s decision in Comeau Continue reading
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La Cour, c’est qui?
Peter McCormick identifies the likely author of the “by the Court” opinion in Comeau Continue reading
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Comeau’s Lesson
It’s not that the courts have generally messed up Canadian federalism, still less that they should improve it Continue reading
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Unmaking History
In the “free the beer” case, the Supreme Court shows ― again ― that it is the spoiled child of the Constitution Continue reading
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Dunsmuir 10 Years Later
The context, aims, and aftermath of Dunsmuir Continue reading
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L’ordre et le rêve
Le contrôle judiciaire après Dunsmuir Continue reading
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Charter Rights and Charter-Lite
How not to resolve the tension between the principles of constitutional and administrative law, and how to actually do it Continue reading
Double Aspect 