Constitutional Forum (Journal)
Not a member yet
551 research outputs found
Sort by
Reference re Supreme Court Act, ss 5 and 6 — Expanding the Constitution of Canada
No full textOn March 21, 2014, the Supreme Court of Canada (SCC) answered two questions pertaining to Federal Court Justice Marc Nadon’s appointment to the Court
Cooperative Federalism in Search of a Normative Justification: Considering the Principle of Federal Loyalty
No full textAt first sight, federal loyalty does not mean much in Canadian constitutional law, if it means anything at all. However, as we will see in this paper, there are already some aspects of Canadian constitutional law which can be said to enshrine obligations pertaining to federal loyalty. Ultimately, what federal loyalty can bring to the debate in Commissioner of Firearms is a springboard from which to reflect on how and when the principle of cooperative federalism could be brought to bear in a consistent manner in division of powers cases
Reforming the Upper House: Lessons from Britain
No full textFor nearly two decades Britain has been engagedin some of the most ambitious constitutional andparliamentary reforms since the Reform Acts ofthe nineteenth century. Reform in the House ofLords alone has produced six White Papers, oneRoyal Commission, and dozens more parliamentaryvotes and reports by the House of Commons,the House of Lords and the joint committees.Canadians have watched these developmentswith particular interest, since many of the issuesdebated - the legitimacy of an Upper House,election versus appointment, and qualifi cationsfor membership - are similar to those discussedhere. Yet before looking at possible lessons forCanada we need to refl ect upon another question:What is the Westminster Model and whatelements of this model are refl ected in our ownsystem
Autonomy, Subsidiarity, Solidarity: Foundations of Cooperative Federalism
No full textWhat does the constitutional principle of federalism entail? Instead of a detailed set of specific rules, the principle of federalism relies on a series of principles that distinguish federations from other political forms. The author proposes that three such principles stand out from within our constitutional instruments and jurisprudence: autonomy, subsidiarity and federal solidarity. The combination of these three interrelated constitutional principles forms the normative structure that gives Canadian federalism its internal logic. And it is the author\u27s contention that this internal logic is one of cooperative federalism. It is these principles that must guide the judiciary when it fulfills its special duty as “guardian of the Constitution”, and as such, as guardian of the principle of federalism
L’activisme judiciaire, le prix de la transaction démocratique en Espagne
No full textCet article propose d’aborder un sujet dont tout le monde parle en Espagne; un vrai débat public. Baltasar Garzón a-t-il dépassé ses fonctions de magistrat en acceptant d’enquêter sur plusieurs cas d’actions criminelles contre les responsables politiques et militaires du régime de Franco? Le Juge s’est-il immiscé dans la sphère politique, ou a-t-il simplement exercé les fonctions du bureau judiciaire? Baltasar Garzón est un juge bien connu en Espagne puisqu’il a traité certaines des affaires criminelles les plus importantes du pays, impliquant dans ses accusations des personnes publiques, longtemps avant l’accusation de renommée mondiale contre Pinochet, Videla et d’autres dictateurs sud-américains.Le cas espagnol, comparé avec d’autres transitions démocratiques (en Pologne et en Hongrie), se concentre sur le rôle de l’activisme juridique. La question analysée ici est celle de savoir si Baltasar Garzón a fait de l’activisme judiciaire dans une disposition judiciaire concrète, Arrêt d’accusation (Auto) du 16 octobre 2008 (PA : 399/2006 V). Comme nous le démontrerons, nous avons choisi cette décision concrète en raison de son énorme transcendance en termes politiques en Espagne
A Constitutional Discussion of Participatory Democracy in Greece
No full textA high level of mistrust toward institutions of representative democracy occurs within Greece, dramatically increasing in recent years. As indicated in the 2013 European Commission’s Standard Eurobarometers, the tendency to trust the Parliament has reached 10-12%, while the respective percentage of trust toward the government is only 9-10%. Unavoidably, the severe economic crisis in Greece and its consequences have influenced the country’s citizenry
Alberta\u27s Métis Settlements and the Co-Management Agreement
No full textThe many Metis leaders who had fought for nearly a decade to have land set aside for the exclusive benefit of their people had envisaged the Settlements as a means by which the Metis would gain control of their own destiny …
Religious Accommodation and its Limits: The Recent Controversy at York University
No full textA recent request for religious accommodationat York University has generated controversynot just about the merits of the particular claimbut also about the general practice of religiousaccommodation under human rights codes andthe Canadian Charter of Rights and Freedoms. Iwill argue that the York case highlights the difficulty in treating religion as a ground of discriminationand more generally in fi tting religioninto an equality rights framework. Th isdiffi culty stems from the complex character ofreligious adherence, which can be viewed as botha personal commitment to a set of claims abouttruth and right and as a cultural identity that isexpressed in shared spiritual practices. Whenreligion is viewed as a cultural identity, it seemsright that it be accommodated, unless this wouldcause “undue hardship” to others. Yet when it isviewed as a set of beliefs about right and truth,particularly when those beliefs are inconsistentwith public values, it is not clear why it ought tobe accommodated
Legislators and Religious-Based Reasoning
No full textIn a secular, multicultural, liberal democratic society founded on the rule of law, is it appropriate for legislators (or political candidates) to refer to religious beliefs or texts when discussing a government initiative or urging action on a particular issue? Such references might be used for various purposes: to explain the speakers’ own beliefs; to emphasize that an issue has been around for a long time and therefore should be taken seriously; to elucidate historical influences on a particular law; or to give weight to a particular argument by buttressing it with religious authority. In Canada today, do ethics, law, or political theory offer persuasive reasons to limit any such references to religion in parliamentary debate or political campaigning
Disputed Election Results: A More Rigorous "Magic Number Test"
No full textThe Gore v Bush disputed election case brought the questioning of the accuracy of election procedures into international news and the minds ofelectors worldwide. In addition to this notorious case, there have been a number of disputed election results in recent years each generating extensive public interest and forcing the judiciary into difficult and split decisions having wide ranging policy and constitutional implications. Elections are the pillar of democratic societies and in order for citizens and societies to have faith in their system of government, elections must be transparent, accurate and binding. In many nations, including Canada, the democratic process is enshrined in their constitution, regardless of whether it is written or unwritten, codified or not