Canadian constitutional law
Erga Omnes or Inter Partes? The Legal Effects of Federal Courts’ Constitutional Judgments
How Exceptional is Judicial Review in Canada? Past, Present and Future
In the vast majority of legal systems, judicial review has become the principal mechanism through which most constitutional debates are eventually settled or at least receive some form of resolution. However, the terms of our national constitutions seldom provide for how the courts are to scrutinize the laws challenged before them. In Canada, the modern […] Read more
Droit constitutionnel canadien : principes fondamentaux
Abstract In 1982, Professors François Chevrette and Herbert Marx published a pioneering work: Droit constitutionnel: notes et jurisprudence (P.U.M.) 1264 pages, a monumental resource allying pedagogy with doctrinal reference. Thirty-four years later, a new edition of the first part of the celebrated work has finally been published, covering the fundamental principles of Canadian constitutional law (except the […] Read more
International Survey: Canada—Physician-Assisted Dying Judicially Legalised: Carter v Canada
Le principe de l’immunité de la Couronne et la Loi sur le droit d’auteur [The Principle of Crown Immunity and the Copyright Act]
Retour sur la Déclaration des droits implicite [Revisiting the Implied Bill of Rights Theory]
In 1867, the Framers did not include a bill of rights in the Constitution Act. Canada’s constitutional bill of rights, the Canadian Charter of Rights and Freedoms, would only be passed more than a hundred years later. Meanwhile, some judges sought to protect certain individual rights and freedoms, mainly freedom of expression, from undue legislative […] Read more
A Dynamic View of Canadian Parliamentary Sovereignty
This paper proposes a re-examination of the essential features of Parliamentary sovereignty in the Canadian context and of its development since Confederation, especially with the adoption of the Constitution Act 1982. The paper then aims at connecting the law of Parliamentary sovereignty and its historical evolution with underlying constitutional theory. While there may be no […] Read more