Author Archives: J.W.J. Bowden

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About J.W.J. Bowden

My area of academic expertise lies in Canadian political institutions, especially the Crown, political executive, and conventions of Responsible Government; since 2011, I have made a valuable contribution to the scholarship by having been published and cited extensively. I’m also a contributing editor to the Dorchester Review and a member of the editorial board of the Journal of Parliamentary and Political Law.

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


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


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


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

When Snap Elections Are Good and Just


Introduction Journalists who cover politics often suffer from crippling boredom in the summer months when Parliament sits not and no longer provides them with a steady stream of headline fodder. Susan Delacourt and Andrew Coyne in June 2018 started raising … Continue reading

Posted in Dissolution, Fixed-Date Elections | 3 Comments

What Does “Calling an Early Election” Mean Anyway?


Introduction Judging by recent media reports, the answer depends upon the length of the writ and not necessarily on the date of the election itself, as the case of Quebec in 2018 and Canada in 2015 demonstrate.

Posted in Dissolution, Fixed-Date Elections | 3 Comments