Category Archives: Constitution (Written)

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

The Nature of the “Democratic Deficit” and Executive Federalism in Canada


Introduction The “Democratic Deficit” first referred to a critique from the late 1970s on how the European Economic Community ran its Parliament vis-a-vis its executive-like Commission. Canadian scholars took up the term in the 1980s and applied it here. In … Continue reading

Posted in Parliamentarism v Presidentialism, Responsible Government, Separation of Powers | 1 Comment

A New Year’s Resolution for Political Scientists: Stop Saying That Parliamentarism “Fuses” The Executive and Legislature


Introduction: A Lazy and Stupid Metaphor  Political scientists like taking shortcuts and writing in shorthand. But sometimes, these cause them to get hopelessly lost rather than shortening their journey toward fact and truth. For instance, too many political scientists of … Continue reading

Posted in Reaffirmation of, Responsible Government, Separation of Powers | 4 Comments

A Classical Liberal Defence of Constitutional Monarchy


Introduction: The Strange Americanism of Canadian Libertarians  Since 2011 when I attended one of the Institute for Liberal Studies’ Liberty Summer Seminars (LSS), I’ve noticed that Canadian libertarians often demonstrate a strange American streak, and that their understanding of constitutions and … Continue reading

Posted in Monarchism v Republicanism, Parliamentarism v Presidentialism, Responsible Government, Separation of Powers | 5 Comments