Faculty of Law

Queen's University
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Faculty of Law
Faculty of Law

Grégoire Webber, M.S.M.

Canada Research Chair in Public Law and Philosophy of Law
B.C.L., LL.B. (McGill), D.Phil. (Oxford)

Faculty of Law
Queen's University
Kingston Ontario
K7L 3N6
tel: (613) 533-6000, ext. 78210
fax: (613) 533-6509
e-mail: gregoire.webber@queensu.ca


Grégoire Webber is Canada Research Chair in Public Law and Philosophy of Law at Queen’s Law and Visiting Senior Fellow at the London School of Economics and Political Science. He is joint convener of the Colloquium in Legal and Political Philosophy.

He is a graduate of McGill University with bachelors of civil law and common law and of the University of Oxford with a doctorate in law, where he studied as a Trudeau scholar. Professor Webber clerked for Justice André Rochon of the Quebec Court of Appeal and Justice Ian Binnie of the Supreme Court of Canada. He is co-founder and Executive Director of the Supreme Court Advocacy Institute, which provides free advocacy advice to counsel appearing before the Supreme Court of Canada. In December 2015, the Governor General of Canada awarded Professor Webber a Meritorious Service Medal for his role in co-founding the Institute.

Prior to joining Queen’s, Professor Webber was senior policy adviser with the Privy Council Office and then Associate Professor of Law at the London School of Economics and Political Science. He has been a visiting professor at the Université Panthéon-Assas (Paris II).

Current Research

My research program explores foundational questions in human rights, public law, and the philosophy of law. Some current projects include:

  • the nature of rights;
  • the relationship between positive law and human rights;
  • the loyal opposition;
  • foundations of authority and obligation; and
  • methodology in the study of human affairs.

Recent Publications

Books and edited collections

  • Proportionality and the Rule of Law: Rights, Reasoning, Justification (New York: Cambridge University Press, 2014; paperback edition, 2016) (edited with G. Huscroft and B.W. Miller) [CUP] [SSRN]
  • The Negotiable Constitution: On the Limitation of Rights (Cambridge: Cambridge University Press, 2009; paperback edition 2012) [CUP] [SSRN]
  • The Limitation of Charter Rights: Critical Essays on R. v. Oakes = La limitation des droits de la Charte : essais critiques sur l’arrêt R. c. Oakes (edited with L.B. Tremblay) (Montreal: Thémis, 2009) [Thémis] [SSRN]

Articles and contributions to edited collections

  • ‘Loyal Opposition and the political constitution' (2016) __ Oxford Journal of Legal Studies (forthcoming)

  • 'The Question Why and the Common Good' (2016) __ Jurisprudence (forthcoming)

  • ‘Proportionality and absolute rights’ in Vicki Jackson and Mark Tushnet (eds) Proportionality: New Frontiers, New Challenges (New York: Cambridge University Press, forthcoming)

  • ‘Asking why in the study of human affairs’ (2015) 60 American Journal of Jurisprudence 51-78 [AJJ] [SSRN]

  • ‘Eulogy for the constitution that was’ (2014) 12 International Journal of Constitutional Law 468-486 [I-CON] [SSRN]
  • ‘On the loss of rights’ in G Huscroft, BW Miller, and G Webber (eds) Proportionality and the Rule of Law: Rights, Reasoning, Justification (New York: Cambridge University Press, 2014) 123-154 [CUP] [SSRN]
  • ‘Parliament and the Management of Conflict’ [2014] Public Law 100-111 [SSRN]
  • ‘Rationalism in Public Law’ (with Graham Gee) (2013) 76 Modern Law Review 708-734 [MLR[SSRN]
  • ‘Rights and the Rule of Law in the Balance’ (2013) 129 Law Quarterly Review 399-419 [SSRN]
  • ‘Some Internal Points of View in the Study of Law’ (2012) 28 Constitutional Commentary 325-345 [SSRN]
  • ‘The Polycentricity of Political Financing’ [2012] Public Law 310-327 [SSRN]
  • ‘Originalism’s Constitution’ in G. Huscroft and B.W. Miller (eds.), The Challenge of Originalism: Theories of Constitutional Interpretation (New York: Cambridge University Press, 2011) [CUP] [SSRN]
  • ‘What is a Political Constitution?’ (with Graham Gee) (2010) 30 Oxford Journal of Legal Studies 273-299 [OJLS] [SSRN]
  • ‘Proportionality, Balancing, and the Cult of Constitutional Rights Scholarship’ (2010) 23 Canadian Journal of Law and Jurisprudence 179-202 [CJLJ] [SSRN]
  • ‘The Unfulfilled Potential of the Court and Legislature Dialogue’ (2009) 42 Canadian Journal of Political Science 443-465 [CJPS] [SSRN]
  • ‘La disposition limitative de la Charte canadienne : une invitation à définir les droits et libertés aux contours indéterminés’ in L.B. Tremblay and G.C.N. Webber (eds.), The Limitation of Charter Rights: Critical Essays on R. v. Oakes = La limitation des droits de la Charte : essais critiques sur l’arrêt R. c. Oakes (Montreal: Thémis, 2009) [Thémis]