Blog of the International Journal of Constitutional Law

Tag: Canadian Constitution

  • “Constituent Power” and Referendums in Quebec: Instrumentalizing Sieyès?

    —Maxime St-Hilaire, Université de Sherbrooke In Quebec nationalist constitutional thinking, the holding of a referendum is sometimes explicitly connected with the (somewhat fashionably) internationally revived idea of “pouvoir constituant”. Beyond proposals for referendums on secession or on the ratification of the constitution of an independent Quebec, there are now calls for holding a referendum on the ratification or on the amendment of a desired “Constitution” for a still non-independent, but federated, Quebec, the whole resting on the idea of the “constituent power” of the “Quebec People”.

  • A Constitutional Crisis of a Different Kind: Canada’s Slow March Back to Mega-Constitutional Politics

    —Alexander Hudson, Max Planck Institute for the Study of Religious and Ethnic Diversity [Editor’s note: This is one of our biweekly I-CONnect columns. For more information about our four columnists for 2020, please click here.] It’s difficult to keep working on research with little relevance to the Covid-19 crisis that we all face in some way today.

  • Ambassadors or Outsiders? The Constitutionality of Non-Resident Voting in Frank v Canada (Attorney General)

    –Sarah Burton, Doctoral Candidate, University of Ottawa The Supreme Court of Canada recently ruled that the legislative disenfranchisement of certain non-resident citizens was unconstitutional. While Frank v Canada (Attorney General) 2019 SCC 1 ultimately turns on deference, the decision raises a number of questions about the heart of democracy that will have long term impacts for Canadian law.

  • Weak-Form Judicial Review as a Way of Legally Facilitating Constitutional Moments?

    —Richard Mailey, University of Trier, Lecturer in English Law and Terminology Since the passage of the Canadian Charter of Rights and Freedoms in 1982, the idea of “weak-form judicial review”[1] has sparked a significant level of academic interest, and has been adopted in amended form by New Zealand and the UK in the framing of their own justiciable bills of rights in the 1990s.

  • Special Discount–New Book–“Canada in the World: Comparative Perspectives on the Canadian Constitution”

    I-CONnect is pleased to share a special 20% discount code for our readers interested in a new volume to mark the 150th anniversary of Canada’s 1867 Constitution: Canada in the World: Comparative Perspectives on the Canadian Constitution (Cambridge University Press, November 2017), edited by Richard Albert, Boston College Law School, and David R.

  • Why Codify?

    —Adam Perry, Lecturer in Law, Queen Mary University of London Britain is always tinkering with its constitution. Sometimes it talks about a more radical change: constitutional codification. Over the past few years, talk of constitutional codification has grown a little more serious.