Tag: Quebec
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Peter Oliver: Canada @ 150
Editors’ note: 2017 is a significant landmark in the constitutional history of Canada. It is 150 years since Canadian Confederation was brought about by the passage of the British North America Act 1867. To mark this anniversary the blog joins with the IACL blog in publishing a post by Professor Peter Oliver of Ottawa University in which…
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Jean Leclair: Brexit and the Unwritten Constitutional Principle of Democracy: A Canadian Perspective
Much has been written on whether a prior approval by the UK Parliament is required to trigger the withdrawal process from the European Union under Article 50 of the Treaty on European Union. I will not presume to comment on the technical legal issues raised by this debate. Instead, I wish to highlight how the…
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Sébastien Grammond: Canadian Constitutional Jurisprudence and the Brexit Process
Canadian constitutional jurisprudence might, perhaps unexpectedly, shed some light on the process set in motion by the referendum regarding the United Kingdom’s exit from the European Union, a leading feature of which is the absence of clear answers to important constitutional questions. Of course, we must mind the gap between the two countries’ constitutions, which…
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Leah Trueblood: Referendums, Compromise, and Ratification
Resolving any political question requires compromise. This is as true for constitutional questions as it is for questions of policy. This can be seen now in the European Union’s reminders to the United Kingdom that access to the single market is not ‘à la carte.’ While some have argued that the latest referendum outcome is illegitimate, and…
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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 encapsulated by the 1982 process were the return to Canada of the constitutional amendment formula,…
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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 seems, once more, to offer a point of comparison. This post offers an overview of…