•  985
    In Defence of Two-Step Balancing and Proportionality in Rights Adjudication
    Canadian Journal of Law and Jurisprudence 24 (1): 109-128. 2011.
    Two-step proportionality-balancing [TSPB] has become the standard method for human and constitutional rights decision-making. The first step consists in determining whether a rights-provision has been infringed/limited; if the answer to that first question is positive, the second step consists in determining whether the infringement/limit is reasonable or justified according to a proportionality analysis. TSPB has regularly been the target of some criticism. Critiques have argued that both its ‘…Read more
  •  6
    This article reconstructs and defends the judicial doctrine variously called ‘rationality review’, ‘formal equality’, ‘discrimination’, or ‘arbitrariness’. The doctrine is renamed underinclusivenes...
  •  5
    This article addresses the legitimacy of the Canadian system of judicial review of state action for compliance with constitutional rights. It recalls the lively and sophisticated debate that took place on that issue within the larger process of federal-provincial negotiations surrounding the ‘patriation’ of the Constitution. It is suggested that in many ways that public debate parallels that which is still going on among well-known academics such as Jeremy Waldron and Ronald Dworkin, among other…Read more