The website and call for papers for the 2026 Public Law Conference, in Cape Town, is now online. The theme is the future of constitutional democracy and there is a non-exhaustive list of illustrative topics: The future of constitutional democracy and the rule of law / the separation of powers The legislature, electoral systems, democratic […] Read more
Even though guidelines (and other species of ‘soft’ law) are not binding, they can influence the meaning given to legislation. A series of four Supreme Court of Canada decisions make the point: in interpreting a statutory provision, it is necessary to have regard to text, purpose and context; relevant guidelines are part of the interpretive […] Read more
In most Canadian jurisdictions, an unsuccessful party can appeal a judicial review decision as of right. In a previous post (see here), I discussed whether the appellant bears, or should bear, a ‘tactical burden’ to convince the appellate court that the first-instance judge got something wrong. However, in two Canadian jurisdictions, the ability to seek […] Read more
Some of you may know that along with Sujit Choudhry I am representing Democracy Watch in its appeal to the Supreme Court of Canada of the decision in Democracy Watch v. Canada (Attorney General), 2024 FCA 158. As is my practice, I do not intend to comment on the case between now and the Supreme […] Read more
