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Administrative Constitutionalism And The Unity Of Public Law, Matthew Lewans
Administrative Constitutionalism And The Unity Of Public Law, Matthew Lewans
Osgoode Hall Law Journal
Public law scholarship in the common law tradition often aims at elucidating a connection between law and constitutional values like equality, due process, and the rule of law. However, in their quest to reveal the morality of public law, common lawyers often focus their attention on judicial interpretations of constitutional values to the exclusion of other sources of constitutional jurisprudence. The author argues that the traditional fascination with courts as the primary or exclusive arbiters of constitutional values should be tempered and supplemented by recognizing the valuable contributions of administrative officials who interpret and enforce constitutional norms when exercising statutorily …
Quebec V A And Taypotat: Unpacking The Supreme Court’S Latest Decisions On Section 15 Of The Charter, Alicja Puchta
Quebec V A And Taypotat: Unpacking The Supreme Court’S Latest Decisions On Section 15 Of The Charter, Alicja Puchta
Osgoode Hall Law Journal
The Supreme Court of Canada’s articulation for the test for discrimination under section 15 of the Charter has undergone numerous permutations over the past twenty-five years. The Supreme Court introduced its latest round of changes in its 2013 decision in Québec (Attorney General) v A and its 2015 decision in Kahkewistahaw First Nation v Taypotat. Together, these two decisions clarified that the appropriate approach to section 15 was not one focused strictly on stereotype and prejudice, but rather on all contextual factors that may inform whether an impugned law violates the norm of substantive equality. This paper critically analyzes the …