HomeTag Archives: liberty

Tag Archives: liberty

Non-Delegation and the Constitution of Liberty

Justice Côté’s partial dissenting reasons in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11 offered an original interpretation of the Constitution Act, 1867 that challenges the conventional view on the Parliament of Canada’s authority to enact Henry VIII clauses. A Henry VIII clause is a statutory provision that delegates to the executive the power to amended an enabling ...

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Law, Liberty and the Pursuit of the Common Good

There is a lively debate afoot in legal circles, both in the United States and now in Canada, on the “common good.” It began with Adrian Vermeule’s call for a “common good constitutionalism,” in which vague provisions would be infused with values drawn from the Catholic natural law tradition. Many others have now adopted the “common good” moniker, though it ...

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