The surprising formalist: Justice Gonthier's contribution to labour law
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Publication date
2012Author(s)
Makela, Finn
Subject
Droit administratifAbstract
The apparent variance between two corpora — Justice Gonthier’s administrative law judgments and his labour law judgments — constitute an apparent paradox that lead me to dub him a “surprising formalist”. In this paper, I give examples of Justice Gonthier’s non-formalism in administrative law cases and contrast them with his formalistic reasoning in labour law cases. I conclude by canvassing ways in which we might reconcile the two approaches.