Category Archives: Amending Formulas

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

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, By Efflux of Time, Constitution (Written), Crown (Powers and Office), Dissolution, Indirect Amendment | Leave a comment

Taking Stock of 2018: Recent and Upcoming Publications


I’m pleased to report that the Commonwealth Law Bulletin has accepted and will publish at some point in 2019 my manuscript entitled “‘Indirect Amendment’: How the Federal Department of Justice Unilaterally Alters the Text of the Constitution of Canada.” This … Continue reading

Posted in Amending Formulas, Articles, By Efflux of Time, Constitution (Written), Indirect Amendment | 1 Comment

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 | 1 Comment