Author Archives: J.W.J. Bowden

Unknown's avatar

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.

Succession Falls Under the “Office of Queen”

Posted on 2013/02/13 by J.W.J. Bowden

This brief syllogism explains why succession to the Crown of Canada falls under the “office of Queen” of s.41(a) of the Constitution Act, 1982. 1. The Crown is as corporation sole. The Supreme Court of Canada: “The Crown is technically … Continue reading →

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign) | Tagged | 10 Comments

My Column in the Ottawa Citizen: Why the Harper Government’s Succession Bill Is Unconstitutional

Posted on 2013/02/06 by J.W.J. Bowden

In 2011, the prime ministers of the 16 Commonwealth Realms agreed in principle that each country should change its succession in two ways. First, male primogeniture would be replaced with equal primogeniture, so that the first-born child rather than the … Continue reading →

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign) | 11 Comments

The Harper Government’s (Probably Unconstitutional) Bill on Succession to the Crown

Posted on 2013/01/30 by J.W.J. Bowden

The Parliament of Canada has just updated the Notice Paper of the House of Commons. The Minister of Justice will soon table a bill relating to succession to the Crown called An Act to assent to alterations in the law touching … Continue reading →

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign) | Tagged | 7 Comments

Conservative Partisans Celebrate the Wrong Date! Transitions Between Ministries in Canada

Posted on 2013/01/23 by J.W.J. Bowden

Prime Ministerial succession does not occur automatically and instantaneously under our constitution, but only after a transition of two to three weeks, after the outgoing Prime Minister has tendered his formal resignation to the Governor, and after the Governor has … Continue reading →

Posted in Appointment of PM, Constitutional Conventions, Crown (Powers and Office), Governor's Discretion, Succession (Prime Minister) | 1 Comment

The McGuinty Government Repeals a Law While Parliament Is Prorogued

Posted on 2013/01/23 by J.W.J. Bowden

In one of its last acts as a Ministry, the McGuinty Government has promulgated section 20 of the Putting Students First Act and thus secured its repeal — all while the provincial parliament is prorogued and in an intersession. I … Continue reading →

Posted in Cabinet's Powers, Crown (Powers and Office), Prorogation, Separation of Powers | 1 Comment