Posts in Law
The divine right of judges

In my latest Loonie Politics piece I say the real question about shrinking Toronto City Council is why people who call Doug Ford an evil rights-hating maniac for invoking the Notwithstanding Clause to protect legislative authority aren’t even slightly concerned about judges routinely invoking Section 1 of the Charter to infringe fundamental rights like free speech.

BTW this particular piece is not behind a paywall. But Loonie Politics depends on subscriber support. So please sign up for their monthly or annual plan to support their work… and mine.

Wish I'd said that - July 15, 2018

“I find it enormously interesting that this approach [that the law is what the sovereign commands] to finding a replacement for a transcendental source of values involves, in effect, a redirection of metaphorical energy: to find a human equivalent for God, there is a focus not on God’s goodness, but on his Power. It makes sense.”

Arthur Allen Leff, “Unspeakable Ethics, Unnatural Law,” Duke Law Journal Vol. 1979 #6