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Against Balancing and Weighing: Strickland v. Canada (Attorney General), 2015 SCC 37
For some time, I have wanted to write about the prevalent tendency to describe the judicial method in public law cases as one of ‘weighing’ or ‘balancing’ competing interests. It seems to me that reference to weight and balance captures only a part of the judicial task in complex cases. In fact, there is a […] Read more