Category Archives: Separation of Powers

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


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


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