constitution
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What Is the Constitution of Cyberspace Like?
Introducing an article and a blog post on “digital constitutionalism” Continue reading
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UAlberta Pro-Life: Another Nail in the Doré Coffin?
On the Ontario Bar Association website, Teagan Markin describes and analyzes the recent UAlberta Pro-Life Case, 2020 ABCA 1. I had meant to blog on this decision when it came out, but life intervened, so I thank Markin for reminding me of the case. In the case, Watson JA employs a creative use of the Continue reading
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Environmental Sustainability is Not An Unwritten Constitutional Principle
On the IACL-AIDC Blog, Professor Lynda Collins (Ottawa) suggests that “ecological sustainability [should be recognized] as an Unwritten Constitutional Principle (UCP)—a foundational, binding norm to provide guidance to courts and legislators as we navigate the difficult waters of our current environmental crisis.” This argument also appeared in a joint article by Prof. Collins and (now Continue reading
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SCC Skepticism
In a recent piece in Maclean’s, Adam Goldenberg explains why the Supreme Court of Canada (SCC) does not suffer from the same partisan interest the Supreme Court of the United States (SCOTUS) does. He lists three main reasons: (1) the nature of partisanship in the US; (2) the American conservative movement’s incubator for legal talent; Continue reading
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The Crown and the Oath
A friend comments on my earlier post, in which I argued that the oath of allegiance to the Queen which would-be Canadian citizens are required to swear is unconstitutional: The wording of the oath of allegiance found in the Citizenship Act flows directly from the preamble and various sections of the Constitution Act, 1867 which Continue reading
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Ideology in Constitutional Scholarship
Is most writing about constitutional law and theory (in the United States, but perhaps also in Canada) “intellectually corrupt”? In a post on the Bleeding Heart Libertarians blog, Jason Brennan, a philosopher and economist from Georgetown, says that it is. But, while his description of constitutional scholarship is, unfortunately, right, his explanation and evaluation of Continue reading
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An Ancient Parliamentary Right
I learned something about constitutional and Parliamentary tradition yesterday, and decided I’d post about because I was probably not alone in my ignorance of this quirk. Apologies to those in the know already! *** Each session of the mother of parliaments, at Westminster, and her daughters throughout the Commonwealth, starts with a Speech from the Continue reading
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Constitutional Structure and Economic Outcomes
A few days ago, F.H. Buckley, a professor at the George Mason School of Law (and McGill law graduate and former professor) published in the National Post an op-ed arguing that the Canadian constitutional system, and in particular its lack of separation of powers, serves us rather well by helping maintain a free economy and Continue reading
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A Belated Happy Birthday to the Charter
I wasn’t able to post yesterday, but still want to say something good on the Charter‘s anniversary. My doubts and worries notwithstanding, I believe that the Charter has done Canada a lot of good. With Lord Acton, I believe that “[l]iberty is not the means to a higher political end. It is itself the highest Continue reading
Double Aspect 