Miller II, Part II?
Earlier this week, Canadian Prime Minister Justin Trudeau announced that he would resign as Prime Minister once a new Liberal leader was selected. He also revealed that he had advised the Governor General to prorogue Parliament and that she had granted the request, with Parliament set to return on March 24. Following the Prime Minister’s announcement, a judicial review application was filed in Federal Court challenging the prorogation. In this blog post, I analyse what we know about the legal challenge so far.
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Administrative and Citizen Interpretations of Unwritten Constitutional Principles and Constitutional Silences
Looking at Canadian law, this blog posts argues that administrative agencies should be able to interpret and articulate unwritten constitutional principles when exercising their discretionary powers, and that these interpretations ought to be deferred to by courts. This would also encourage citizens to put forward their own interpretations of unwritten constitutional principles, fostering a participatory approach to constitutional interpretation.
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The Salience of “Writtenness” and “Unwrittenness” as Constitutional Categories in Canada
Canada's Constitution sits somewhere between the paradigms of a fully codified written and partially codified unwritten constitutional order. This blog post explains why the differentiation between the written and unwritten matters for our understanding of Canada's constitutional system with a view to terminological, institutional, proceduaral, and policial questions.
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