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14Apologia for a general doctrine of substantive equality and discriminationJurisprudence 11 (2): 213-224. 2020.This article reconstructs and defends the judicial doctrine variously called ‘rationality review’, ‘formal equality’, ‘discrimination’, or ‘arbitrariness’. The doctrine is renamed underinclusivenes...
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21P. Dawid, W. Twining and M. Vasileki, (eds.) , Evidence, Inference and Enquiry . Reviewed by (review)Philosophy in Review 34 (3-4): 161-163. 2014.Review of Dawid, Twining & Vasileki 'Evidence, Inference and Inquiry' (2011)
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12Review of G.C.N. Webber, The Negotiable Constitution: On the Limitation of Rights (Cambridge University Press, 2009) (review)International Journal of Constitutional Law 8 (4): 988-995. 2010.
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1797In Defence of Two-Step Balancing and Proportionality in Rights AdjudicationCanadian 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
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8Professor Waldron Goes to Canada (One More Time): The Canadian Charter and the Counter-Majoritarian DifficultyCommon Law World Review 39 100. 2010.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
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University of OttawaRegular Faculty
Ottawa, Ontario, Canada
Areas of Specialization
Philosophy of Law |