The following is the first in a two-part series. Part II will be published next week. Introduction In the wake of the legal challenge to Quebec’s law on state secularism,[1] Professor Grégoire Webber, lawyer Eric Mendelsohn and Dean Robert Leckey jointly published a post in which they argue that the invocation of the “notwithstanding clause” in s.33 of the Canadian Charter of Rights and Freedoms does not preclude a court from making a declaration on ...
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The Constitutional Basis for Judicial Review in Canada
In the wake of the Supreme Court of Canada’s decision in Vavilov, I’ve decided to pick up a copy of A.V. Dicey’s Introduction to the Study of the Law of the Constitution. I had read passages from this book more than a decade ago when I was in law school, but very little since beyond the odd paragraph. Dicey’s book is valuable primarily as a historical work. It lays ...
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