Add to ORKGConventions are among the most important rules of the Canadian constitution. Yet orthodox legal theory does not recognize them as being rules of law, a view which the Supreme Court of Canada endorsed in the Patriation Reference. Nevertheless, both before and after the Patriation Reference, the Court's jurisprudence engaged with existing or alleged constitutional conventions. This article reviews this jurisprudence, and the scholarly commentary that responded to it. It concludes that the Court's endorsement of the orthodox view that there exists a rigid separation between conventions and law was poorly justified, and ought to be abandoned
The status of the conventions of the constitution is controversial. According to traditional underst...
By asking whether courts are entitled to rely on unwritten principles to place limits on legislative...
The 30th anniversary of the Reference re Resolution to Amend the Constitution is an opportunity to r...
Conventions are among the most important rules of the Canadian constitution. Yet orthodox legal theo...
The Supreme Court’s decision in the Patriation Reference was a landmark in the jurisprudential analy...
This article addresses the somewhat evasive topic of conventions. In the first part of the article, ...
The legacy of the Supreme Court’s decisions in the Patriation Reference and the Quebec Veto Referenc...
The study of constitutional conventions is anchored in three assumptions that have so far remained l...
The study of constitutional conventions is anchored in three assumptions that have so far remained l...
In an earlier Article, we disproved the three claims central to the dominant view in the study of co...
Commentators have suggested that the unsuccessful national referendum to ratify the 1992 Charlotteto...
In an earlier article, we disproved the three claims central to the dominant view in the study of co...
Canadian constitutional law is seldom criticised for its failure to live up to the ideal of the Rule...
Although the metaphor of "constitutional architecture" appeared in some of the Supreme Court of Cana...
This thesis seeks to identify the conceptual resources available to Canadian courts in the adjudicat...
The status of the conventions of the constitution is controversial. According to traditional underst...
By asking whether courts are entitled to rely on unwritten principles to place limits on legislative...
The 30th anniversary of the Reference re Resolution to Amend the Constitution is an opportunity to r...
Conventions are among the most important rules of the Canadian constitution. Yet orthodox legal theo...
The Supreme Court’s decision in the Patriation Reference was a landmark in the jurisprudential analy...
This article addresses the somewhat evasive topic of conventions. In the first part of the article, ...
The legacy of the Supreme Court’s decisions in the Patriation Reference and the Quebec Veto Referenc...
The study of constitutional conventions is anchored in three assumptions that have so far remained l...
The study of constitutional conventions is anchored in three assumptions that have so far remained l...
In an earlier Article, we disproved the three claims central to the dominant view in the study of co...
Commentators have suggested that the unsuccessful national referendum to ratify the 1992 Charlotteto...
In an earlier article, we disproved the three claims central to the dominant view in the study of co...
Canadian constitutional law is seldom criticised for its failure to live up to the ideal of the Rule...
Although the metaphor of "constitutional architecture" appeared in some of the Supreme Court of Cana...
This thesis seeks to identify the conceptual resources available to Canadian courts in the adjudicat...
The status of the conventions of the constitution is controversial. According to traditional underst...
By asking whether courts are entitled to rely on unwritten principles to place limits on legislative...
The 30th anniversary of the Reference re Resolution to Amend the Constitution is an opportunity to r...