Category Archives: Constitution (Written)

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

More Tidbits On Indirect Amendment and Dissolution by Efflux of Time


If only I had discovered these little gems in time! Indirect Amendment The Commonwealth Law Bulletin will publish later this year my article “‘Indirect Amendment’: How the Federal Department of Justice Unilaterally Alters the Text of the Constitution of Canada.” … Continue reading

Posted in Amending Formulas, Constitution (Written), Crown (Powers and Office), Dissolution | Leave a comment

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


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


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 (Conventional), Constitution (Written), Notwithstanding Clause, Separation of Powers | 1 Comment