Tag Archives: s.41(a)

The Wrong Way to Limit a Premier’s Power to Prorogue: Why Catherine Fife’s Bill Is Unconstitutional


My column appears in iPolitics under the title, “The Wrong Way to Limit a Premier’s Power to Prorogue.” I am grateful to Doug Beazley for having published it in the “Insight” section. The controversial prorogation of former Liberal Premier Dalton … Continue reading

Posted in Crown (Powers and Office), Prorogation | Tagged , , , , | 9 Comments

Succession Falls Under the “Office of Queen”


This brief syllogism explains why succession to the Crown of Canada falls under the “office of Queen” of s.41(a) of the Constitution Act, 1982. 1. The Crown is as corporation sole. The Supreme Court of Canada: “The Crown is technically … Continue reading

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign) | Tagged | 9 Comments

Why Altering the Succession Requires a Constitutional Amendment


The Rules Governing Succession Will and Kate are expecting their first child in 2013, which has made succession an important political issue in the United Kingdom, and in the 15 other Realms that recognize Elizabeth Windsor as Queen. In the … Continue reading

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign) | Tagged , , | 27 Comments

Succeeding to the Australian Throne


Succession in Australia Anne Twomey, a Professor of Law at the University of Sydney, has written extensively on the Crown of Australia and other issues of government. I consider her the foremost expert on constitutionalism and Westminster parliamentarism in our … Continue reading

Posted in Crown (Powers and Office), Succession (Sovereign), The Personal Union | Tagged , , , | 9 Comments

“Succeeding to the Canadian Throne”


Professor Philippe Lagassé and I have co-authored “Succeeding to the Canadian Throne” for the Ottawa Citizen. In this column, we explain why the Crown of Canada is a hereditary corporation sole and why succession to the Crown falls under the … Continue reading

Posted in Corporation Sole, Crown (Powers and Office), Succession (Sovereign), The Personal Union | Tagged , | 17 Comments