{"id":2313,"date":"2017-04-24T16:46:46","date_gmt":"2017-04-24T16:46:46","guid":{"rendered":"https:\/\/www.ruleoflaw.ca\/?p=2313"},"modified":"2017-07-07T19:59:16","modified_gmt":"2017-07-07T19:59:16","slug":"the-advocates-quarterly-publishes-the-paradoxical-presumption-of-constitutionality","status":"publish","type":"post","link":"https:\/\/www.ruleoflaw.ca\/the-advocates-quarterly-publishes-the-paradoxical-presumption-of-constitutionality\/","title":{"rendered":"The Advocates’ Quarterly Publishes “The Paradoxical Presumption of Constitutionality”"},"content":{"rendered":"
The Advocates’ Quarterly, a Canadian Journal for Practitioners of Civil Litigation, has published my paper, “The Paradoxical Presumption of Constitutionality” in its March 2017 edition. The paper, which was also published on this website<\/a>, argues that the presumption of constitutionality has entered a paradoxical state, in that it simultaneously applies to one part of the Constitution (the division of powers in ss. 91 & 92 of the Constitution Act, 1867<\/em>) but not another (the Charter<\/em>). Affirming the presumption now in the Charter\u00a0<\/em>realm\u00a0would not be incompatible with the nature of the Charter <\/em>or the way in which the Charter\u00a0<\/em>has been interpreted.<\/p>\n