Category Archives: Separation of Powers

The Alberta Sovereignty Within a United Canada Bill and Henry VIII Clauses

Posted on 2022/12/02 by J.W.J. Bowden

The Opening Salvo in the Speech from the Throne: “Standing Up to Ottawa” On 29 November 2022, the Salma Lakhani, the Lieutenant Governor of Alberta, read a Speech from the Throne containing a pugilistic sub-section on “Standing Up to Ottawa,” … Continue reading →

Posted in Constitution (Written), Division of Powers, Separation of Powers | 2 Comments

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

Posted on 2018/09/19 by J.W.J. Bowden

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

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

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

Posted on 2018/02/01 by J.W.J. Bowden

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