Category Archives: Constitution (Written)

Who Decides What the Constitution Is and Says? Quebec Modifies the Text of the Constitution Act, 1867


Introduction Law 96 has generated controversy and opposition amongst English-speakers in Quebec and, to a lesser extent, in the rest of Canada when the Legislature of Quebec enacted it last week for its provisions on language. But it contains one … Continue reading

Posted in Amending Formulas, Constitution (Written), Indirect Amendment | 2 Comments

The Strange Taboo Against Constitutional Amendment in Canada


Reputedly Unamendable Yet Frequently Amended The Constitution of Canada has gained a reputation for having become unamendable and ossified since 1992 when Canadians rejected the proposed Charlottetown Accord in a country-wide referendum and brought the era mega-constitutional amendment to a … Continue reading

Posted in Amending Formulas, Constitution (Written) | 3 Comments

Review of Gee & Webber’s “What Is a Political Constitution?” and Some More Thoughts on the Nature of Constitutional Conventions


Constitutional Norms in the United States vs Constitutional Conventions in Canada I’ve been mulling overGould’s article “Codifying Constitutional Norms” (in the United States) and about constitutional norms in the American versus Canadian systems of government a bit more over the … Continue reading

Posted in Articles and Books, Codifying Norms in the US, Comparative, Constitution (Written), Constitutional Conventions, Division of Powers, Parliamentarism v Presidentialism, Reviews and Critiques | 2 Comments

On the Doctrine of Necessity: The Division of Powers Does Not Apply During a Pandemic


On 1 April, Quebec announced what I presumed at the time must have been an April Fool’s Joke: that it would use its provincial police, La Sûreté du Québec, and municipal police forces to set up border checkpoints with Ontario, … Continue reading

Posted in Constitution (Written), Division of Powers, Doctrine of Necessity | 7 Comments

Changing Canada’s Capital City: Section 16 of the Constitution Act, 1867


Introduction Over the last five weeks or so, two of my closest constitutional compatriots have independently of one another brought up the same issue with me on the subject of section 16 of the Constitution Act, 1867, so I thought … Continue reading

Posted in Constitution (Written), Crown (Powers and Office), History of British North America | 8 Comments