Tag Archives: Canada
Stephen Tierney: Canadian Constitutional Change 30 Years On: Notes from a Small Island
A number of events have been held recently in Canada to mark the 30th anniversary of the ‘patriation’ of the constitution through the (Westminster enacted) Canada Act 1982, schedule B of which contained the Constitution Act, 1982. The main developments … Continue reading
Filed under Comparative law, Devolution, UK Parliament
Bradley W. Miller: Proportionality and Legislative Purpose
In conducting constitutional review with a proportionality test, much depends on the how the purpose of the challenged legislation is characterized by the reviewing court. It is a commonplace that the loftier the purpose attributed to the legislation, the more … Continue reading
Filed under Comparative law, Human rights
Nicholas Aroney: Federal Models for a U.K. Constitution?
When the referendum really comes, the sovereign Parliament must go. But whether for good or for evil, the referendum, in principle at least, seems to be coming. – C. H. McIlwain, The High Court of Parliament and Its Supremacy (1910), … Continue reading
Filed under Comparative law, Scotland
Grégoire Webber: On Independence for Scotland: An Overview Of Canadian Experience
Canadian constitutional experience with federal-provincial relations and a bill of rights has provided a point of comparison for the United Kingdom’s devolution measures and Human Rights Act. Today, with the question of Scotland’s independence animating constitutional debates, Canadian constitutional experience … Continue reading
Filed under Scotland, Devolution, Comparative law
Peter C. Oliver: Constitutional Conventions in the Canadian Courts
Most constitutional law textbooks across the Commonwealth include in the section on constitutional conventions lengthy extracts from the Canadian case, Re Amendment of the Constitution of Canada, often referred to as the Patriation Reference. Given that constitutional conventions are enforced … Continue reading
Filed under Comparative law, Constitutional reform
Bradley W. Miller: Assisted Suicide and Judicial Review
What considerations can justify a court overturning a recent constitutional precedent? This constitutional perennial is once again in the foreground as a Canadian court is asked to revisit a 1993 judgment (R. v. Rodriguez, [1993] 3 SCR 519)) upholding the … Continue reading
Filed under Comparative law, Human rights
Grégoire Webber: Canada: Minority Defeated, Majority Elected
Under the Westminster constitution, the government must enjoy the confidence of the House of Commons, without which one or the other must go. It is often reported, by media and others learned in public law, that when the House of … Continue reading
Filed under Uncategorized
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Constitutional Law Group
