Tag: proportionality
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Byron Karemba: The Investigatory Powers Bill: Introducing Judicial Scrutiny of Surveillance Warrants and the Broader Constitutional Context (Part III)
This post follows Parts I & II commenting on aspects of the Investigatory Powers Commissioner to be setup by the Investigatory Powers Bill currently before the House of Lords. A Change of Historical Proportion On 11 February 1573, the Principal Secretary of State to Queen Elizabeth I, Sir Francis Walsingham entered into his journal: “I…
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Grégoire Webber: On the ‘lawful’ premise and prostitution
‘It is not a crime in Canada to sell sex for money.’ This factual assertion opens the unanimous judgment of the Supreme Court of Canada in Bedford v Attorney General, 2013 SCC 72. It is the first and a repeated premise leading to the judgment’s conclusions: the criminal prohibitions on keeping a bawdy-house, living on…
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Bradley Miller: Some Problems in Constitutional Architecture
As my house approaches its centenary, it becomes harder to deny that some architectural designs age better than others. No doubt it all looked great in 1930, but some of the roof lines have proved better than others at keeping the melting snow away from the foundation. Not to mention that some of the house’s…