Last blog added on Friday, September 24th, 2021

Information About Advocates for the Rule of Law

Recent Posts

Below is a preview of the five most recent posts from the blog Advocates for the Rule of Law. To read these posts in their entirely or subscribe to future updates from this blog, please visit their website!

  • The Limits of a Culture of Justification

    In Vavilov, the Supreme Court of Canada held that, to the extent possible, the law of judicial review should “develop and strengthen a culture of justification in administrative decision making” (Vavilov, at para 2). What is this culture of justification as adopted in Vavilov? It asks decision-maker … Read more »

  • Quebec’s Bill 96 is an Unconstitutional Attempt to Amend the Constitution of Canada

    Section 159 of the current Quebec bill on “the official and common language of Quebec, French” intends to amend the Constitution Act, 1867 by introducing in it what follows: FUNDAMENTAL CHARACTERISTICS OF QUEBEC90Q.1. Quebecers form a nation.90Q.2. French is the only official language of Québec. It … Read more »

  • Non-Delegation and the Constitution of Liberty

    Justice Côté’s partial dissenting reasons in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 offered an original interpretation of the Constitution Act, 1867 that challenges the conventional view on the Parliament of Canada’s authority to enact Henry VIII clauses. A Henry VIII clause … Read more »

  • Law, Liberty and the Pursuit of the Common Good

    There is a lively debate afoot in legal circles, both in the United States and now in Canada, on the “common good.” It began with Adrian Vermeule’s call for a “common good constitutionalism,” in which vague provisions would be infused with values drawn from the Catholic natural law tradition. Many o … Read more »

  • The Common Good in Legal Interpretation: A Response to Leonid Sirota and Mark Mancini

    A renaissance of interest and juristic thinking about the moral foundations of the law and legal reasoning is underway, and its reverberations have now reached Canadian shores. On February 22, Leonid Sirota and Mark Mancini published a post on the Double Aspect Blog entitled “Interpretation and the … Read more »