constitutional interpretation
-
The Cavemen Are Back
The Supreme Court’s majority goes back to constitutionalism from Plato’s cave, which earlier cases seemed to abandon Continue reading
-
Moving Rights
A summary of the opinions on constitutional interpretation in the Supreme Court’s interprovincial travel decision Continue reading
-
Counting to Three
How many different theories of constitutional interpretation are there? Continue reading
-
Reading the Constitution of Canada
A reading list on constitutional interpretation in Canada Continue reading
-
(Pro)Rogue-ish
The Federal Court dismisses the challenge to the prorogation of Parliament Continue reading
-
Are You Talking to Me?
Courts seek to shape public opinion; but should they? Continue reading
-
It’s Not What You Think
Brief responses to the most common misconceptions about originalism and its place in Canadian law Continue reading
-
Who’s Afraid of the Rule of Law?
Many critics of the US Supreme Court’s decision on abortion rights themselves embrace a purely political view of adjudication Continue reading
-
Constitutional Law Ruins Everything. A (sort of) response to Mancini’s “Neutrality in Legal Interpretation.”
This post is by Andrew Bernstein. No! I am not an academic nor was meant to be.Am a mere practitioner, one that will doTo settle a dispute, argue an appeal or twoWhen advising clients, the law’s my tool.Deferential, if it helps me sway the courtArgumentative, and (aspirationally) meticulous.Case-building is my professional sportTrying my hand at… Continue reading
-
Guest Post: Andrew Bernstein
We continue our week of guest posts. This time, we will be posting a contribution from Andrew Bernstein (Tory’s), in response to my post last week on the ideal of neutrality in legal interpretation. Continue reading
Double Aspect 
