Last blog added on Tuesday, November 10th, 2020

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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!

  • An Oddity in Strom

    In October, the Saskatchewan Court of Appeal released its much-anticipated decision in Strom. Strom raised a number of important issues: “ “at the intersection between professional regulation, Ms. Strom’s private life, and the s.2(b) Charter guarantee of freedom of expression in the age of social me … Read more »

  • 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-bui … Read more »

  • 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. … Read more »

  • Declarations of Unconstitutionality as Judgments In Rem: A Response to Professor Daly

    This post is written by Marc-Antoine Gervais, and a larger paper on the subject will appear in the McGill Law Journal (vol. 66). Canada’s model of judicial review of legislation is unusual. On the one hand, it is “diffuse” in that all courts of law (and many administrative tribunals) may decide cons … Read more »

  • Guest Post: Marc-Antoine Gervais

    It is my pleasure to announce a guest post today by Marc-Antoine Gervais, on the subject of declarations of invalidity as in rem judgments. The post is a response to Paul Daly’s recent post on declarations of invalidity in the aftermath of the Sullivan decision. Marc-Antoine has a larger paper comin … Read more »