UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Robert Leckey: Fundamental Rights, Physician-Assisted Death and the Court’s Institutional Role: A Comment on Carter v. Canada (Attorney General)

On 6 February 2015, the Supreme Court of Canada reversed its ruling on assisted suicide. In 1993, in a five-four decision, the Court had ruled that the federal government’s blanket ban … Continue reading

February 9, 2015 · 1 Comment

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, … Continue reading

May 13, 2014 · 6 Comments

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 … Continue reading

April 30, 2014 · Leave a comment

Robert Leckey: Constitutionalizing Canada’s Supreme Court

 CROSS-POSTED FROM THE I.CONNect BLOG. A dispute over the legality of a politically questionable judicial appointment has resulted in what pundits call a stinging defeat for Canada’s prime minister and a … Continue reading

April 1, 2014 · 1 Comment

Robert Leckey: Suspended Declarations of Invalidity and and the Rule of Law

In December 2013, the Supreme Court of Canada declared the constitutional invalidity of three major provisions in the domestic criminal law on sex work. Specifically, in Canada (Attorney General) v … Continue reading

March 12, 2014 · 3 Comments

Paul Daly: Death, Democracy and Delegation

Decisions on when to end one’s life are unquestionably of the greatest intimacy. Yet there is a clear public interest in ensuring that these decisions are carefully regulated to ensure … Continue reading

May 14, 2013 · Leave a comment

Bradley W. Miller: The repeal of hate speech legislation in Canada

It is not uncommon for legislatures to amend and rework human rights legislation.  Nevertheless, the bald repeal of a human rights provision is unusual.  The Canadian Parliament’s move to repeal … Continue reading

October 1, 2012 · 1 Comment

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 … Continue reading

May 24, 2012 · Leave a comment

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 … Continue reading

May 22, 2012 · Leave a comment

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. … Continue reading

March 22, 2012 · 2 Comments

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