Category Archives: Amending Formulas

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

Who Updates Section 37 of the Constitution Act, 1867?


Whenever I re-read the Constitution Act, 1867 — the statute formerly known as the British North America Act, 1867 –, I always see something interesting which I hadn’t noticed before. I’m currently drafting a response to Professor Pilon’s strawman summary … Continue reading

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

Jean-Pierre Kingsley Is Wrong: Electoral Reform Is A Constitutional Matter


Publication in the Macdonald-Laurier Institute’s Magazine I am most grateful to Brian Lee Crowley, David Watson, and the Macdonald-Laurier Institute for having published my short article on electoral reform online under the title, “Time Has Already Run Out on Electoral Reform“; … Continue reading

Posted in Amending Formulas, Constitution (Written), Electoral Reform, Reform | 1 Comment

The Constitution Act, 1982 Includes More Than Just The Charter of Rights and Freedoms!


The Significance of Patriation After 50 years of intermittent effort, Canada finally achieved the patriation of its written constitution in 1982. “Patriation” meant primarily that the Parliament of Canada and the provincial legislatures as required could now amend its own … Continue reading

Posted in Amending Formulas, Constitution (Written) | Tagged , , , , , , , | 4 Comments