Blog of the International Journal of Constitutional Law

Tag: Notwithstanding Clause

  • 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.

  • Conference Report–Symposium on “The Constitution of Canada: History, Evolution, Influence, and Reform”

    —Asress Gikay, Matteo Monti, and Orlando Scarcello, Scuola Universitaria Superiore Sant’Anna Pisa (SSSA)–Sant’Anna School of Advanced Studies, Pisa, Italy On May 24, 2017, the Institute of Law, Politics and Development (Istituto di Diritto, Politica e Sviluppo) [DIRPOLIS] of Sant’Anna School of Advanced Studies hosted a symposium on “The Constitution of Canada: History, Evolution, Influence & Reform”, on the occasion of the 150th Anniversary of Confederation and in memory of Prof.

  • Article Review/Response: Robert Leckey and Grant Hoole on Remedial Discretion

    [Editor’s Note: In this installment of I•CONnect’s Article Review/Response Series, Grant Hoole reviews Robert Leckey’s recent article in I•CON on The Harms of Remedial Discretion. Leckey then responds to the review.] Review of Robert Leckey’s “The Harms of Remedial Discretion” —Grant Hoole, University of New South Wales Robert Leckey has raised an important dissenting voice challenging the generally favourable treatment constitutional scholars have given to the rising use of prospective or delayed judicial declarations of invalidity in countries with entrenched bills of rights such as South Africa and Canada.