Category Archives: Notwithstanding Clause

Question Period and the “Administrative Responsibility” of Federal Ministers

Posted on 2022/11/05 by J.W.J. Bowden

The Moral Panic Over Ontario’s Invocation of the Notwithstanding Clause Breaks the Rules of the House of Commons The moral panic over the Notwithstanding Clause escaped containment in Toronto and spread to Ottawa on 2 November 2022. The federal House … Continue reading →

Posted in Constitution (Written), Decorum, Notwithstanding Clause, Parliament, Traditions and History | Leave a comment

The Notwithstanding Clause Strikes Again!

Posted on 2022/11/03 by J.W.J. Bowden

Another moral panic against the Notwithstanding Clause has broken out and gripped the salons and cafes of Toronto in a repeat of the previous Panic of 2018;  Andrew Coyne outed himself yesterday as the Geraldo Rivera of this second wave.

Posted in Constitution (Written), Constitutional Conventions, Notwithstanding Clause | 2 Comments

Lawyers Despise the Notwithstanding Clause – Which Shows Why It Is Good

Posted on 2018/09/14 by J.W.J. Bowden

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

Posted on 2018/09/13 by J.W.J. Bowden

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 | 2 Comments