The NZBORA and the Noble Dream
Last year, I posted here about a decision of the New Zealand Court of Appeal, Attorney-General v Taylor, [2017] NZCA 215, which held that when a court found a statutory provision inconsistent with the...
View ArticleQuis Custodiet?
There has been no shortage of panegyrics on the occasion of Beverley McLachlin’s retirement. Richard Albert‘s is particularly interesting to me, though, because it is largely based on the former Chief...
View ArticleThe Joke’s On Us
Over the Thanksgiving weekend, the Beaverton ― Canada’s version of the Borowitz report ― ran a piece called “Canadians thankful they can’t name single Canadian Supreme Court Justice“. Remarkably...
View ArticleDealing with Delegation
The explosive growth of legislation made by various government departments, boards, and other entities ― rather than enacted by Parliament, as legislation ought to be on the orthodox understanding of...
View ArticleJudicial Supremacy Defrocked
In a recent speech reprinted in the Globe and Mail, Justice Abella of the Supreme Court again offered a robust defense of the judicial role and the profoundly benevolent impact of the Supreme Court in...
View ArticleDelusions of Grandeur
I didn’t realize that writing op-eds for the media was part of the judicial job description, but apparently it is. There was of course Brett Kavanaugh’s instantly-notorious op-ed in the Wall Street...
View ArticleThe Canadian Legal Mandarinate
On behalf of Leonid and I, I’d like to thank all of our readers for their interest in our recent 12 Days of Christmas symposium, which featured contributions from scholars on their five least favourite...
View ArticleActivism v Constitution
In a number of jurisdictions, environmental activists have turned to the courts in an ostensible attempt to force the implementation of policies they deem necessary to deal with climate change. Some...
View ArticleThe Supreme Court―What Is It Good for?
I’d like to come back to a recent post of Mark’s, the one on the Supreme Court seemingly granting leave to appeal in and hearing ever fewer cases. As Mark notes, “[o]n first blush, the grant of fewer...
View ArticleCase Not Made
Policy Exchange has recently posted a paper by Richard Ekins and John Larkin QC on “How and Why to Amend the Human Rights Act 1998“. Lord Sumption has written the foreword, picking up on themes...
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