Last blog added on Friday, October 18th, 2019

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Recent Posts

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

  • Rafilovich: A Textualist (or Quasi-Textualist) Turn?

    Since Telus v Wellman, the Supreme Court of Canada has moved towards a sort of “textually constrained” purposivism in statutory interpretation cases. To my mind, textually constrained purposivism involves two parts: (1) a focus on the text over abstract purposes in determining the meaning of text an … Read more »

  • R v King: Creative Remedies

    On September 19, 2019, certain new amendments to the Criminal Code took effect. Those amendments, among other things, repealed s. 634 of the Criminal Code, which enshrined the statutory right to peremptory challenges of potential jurors (as opposed to challenges for cause). The bill in question repl … Read more »

  • Heresy!

    I wrote last week about the UK Supreme Court’s decision in R (Miller) v Prime Minister, [2019] UKSC 41 (Miller (No 2)), which unanimously held that the Prime Minister’s advice that the Queen prorogue Parliament for five weeks was unlawful, and the prorogation itself, therefore invalid. There was, ho … Read more »

  • Mulling over Miller

    It’s been a while already, but I would like to say a few things about the UK Supreme Court’s decision that Prime Minister Boris Johnson’s advice, last moth, that the Queen prorogue the Westminster Parliament for five weeks was unlawful, and that the prorogation is a nullity. The unanimous decision b … Read more »

  • A Funny Thing Happened on the Way to the Pipeline…

    The Rule of Law need not be exclusively the rule of courts. But in order for a society to be governed by the Rule of Law, even those who advocate a “thick” conception of the Rule of Law say that we need an impartial system of courts (see Tom Bingham, “The Rule of Law”; and relatedly, Trial Lawyers, … Read more »