Monthly Archives: September 2018

Repealing a Statute While the Legislature Is Prorogued: Henry VIII Sleeper-Cell Clauses in Ontario

Posted on 2018/09/19 by J.W.J. Bowden

The Journal of Parliamentary and Political Law has just come out with its latest issue in which a short article of mine appears. Also, I’ll have to find out whether David Bowden and I are related. Similar Posts: A Law … Continue reading →

Posted in Articles, Crown (Powers and Office), Prorogation, Separation of Powers | Leave a comment

Lawyers Despise the Notwithstanding Clause – Which Shows Why It Is Good

Posted on 2018/09/14 by J.W.J. Bowden

Marie Henein, probably now the most famous and prominent defence attorney in Canada, has written an open letter to Premier Ford in The Globe and Mail which corroborates the argument that I put forward here on Parliamentum yesterday: the Notwithstanding … Continue reading →

Posted in Constitution (Written), Notwithstanding Clause, Separation of Powers | 6 Comments

Some Parts of the Constitution Are More Constitutional Than Others

Posted on 2018/09/13 by J.W.J. Bowden

Introduction The constitution cannot be unconstitutional. It follows therefore that one part of the constitution cannot be used to strike down or nullify another part of the constitution. This tautology, fittingly, sounds very obvious and simple – yet it still … Continue reading →

Posted in Amending Formulas, Constitution (Written), Constitutional Conventions, Notwithstanding Clause, Separation of Powers | 2 Comments

Politicos No Longer Give the Fixed-Date Elections Law a Second Thought

Posted on 2018/09/11 by J.W.J. Bowden

Robin Sears, a New Democrat now of the Earnscliffe Strategy Group and a look-alike of Franklin D. Roosevelt, has joined with Susan Delacourt, Chantal Hebert, and Andrew Coyne in musing about or overtly calling for an early dissolution and snap … Continue reading →

Posted in Dissolution, Fixed-Date Elections | Leave a comment