Search Results

1 - 10 of 178 items :

  • "Constitutional Law" x
Clear All
The Canadian Living Tree Doctrine as a Comparative Model of Evolutionary Constitutional Interpretation

Social World , Clarendon Press, Oxford. • Goldsworthy Jeffrey, 2000, ‘Interpreting the Constitution in Its Second Century’, Melbourne University Law Review , XXIV: 677-710. • Grimm Dieter, 2011, ‘Constitutional Adjudication and Constitutional Interpretation: Between Law and Politics’, National University of Juridical Sciences Law Review , IV: 15-29. • Hirschl Ran, 2014, Comparative Matters: The Renaissance of Comparative Constitutional Law , Oxford University Press, Oxford. • Hogg Peter W., 2007, Constitutional Law of Canada , vol. II, 5th

Open access
Normative and Institutional Dimensions of Rights’ Adjudication Around the World

adjudication. Value pluralism can translate into legal uncertainty when legal norms reflect different values and: (i) there is no express hierarchy of norms or order of value which prioritizes some values over others; and (ii) there is no other accepted legal method or criteria for balancing and prioritizing conflicting values. These conditions tend to be met by constitutional law. Constitutional instruments often express incomplete agreements regarding competing legal values. Most legal orders pursue a number of different constitutional objectives without a clear

Open access
Canadian Federalism in Design and Practice: The Mechanics of a Permanently Provisional Constitution

, ‘Sustainable Decentralization: Power, Extraconstitutional Influence, and Subnational Symmetry in the United States and Spain,’ American Journal of Comparative Law , LIX: 491-527. • Griffin Stephen M., 1996, ‘The Problem of Constitutional Change,’ Tulane Law Review , LXX: 2121-2168. • Hogg Peter W., 2007, Constitutional Law of Canada (2 vols.), Thomson Canada, Scarsborough, Ontario. • Lazar Harvey, 2000, The Social Union Framework Agreement: Lost Opportunity or New Beginning? , Institute of Intergovernmental Relations, School of Policy Studies, Queen

Open access
Constitutional Coup? The Case that Promulgated a New Constitution for Montana

Stan Stephens, Aug. 2, 2018 & Sept. 25, 2018. As a result, most delegates were relatively inexperienced in government, and none, including the professors among them, seems to have had even an academic knowledge of constitutional law, history, or drafting. In that pre-Internet era, this left the delegates heavily reliant for technical information on speakers and on staff consultations and publications. The convention leadership’s series of “distinguished speakers” uniformly promoted a progressive agenda. The “distinguished speakers” were Jesse Unruh, the

Open access
Conflicts by Convergence and Deep Disagreements in European Constitutional Law

, The Tangled Complexity of the EU Constitutional Process, Routledge, Abingdon. · Martinico Giuseppe, 2014, ‘The “Polemical” Spirit of European Constitutional Law: On the Importance of Conflicts in EU Law’, German Law Journal, XVI(6): 1343-1373. · MacCormick Neil, 1978, Legal Reasoning and Legal Theory, Oxford University Press, Oxford. · MacCormick Neil, 1999, ‘Juridical Pluralism and the Risk of Constitutional Conflict’, in Questioning Sovereignty: Law, State, and Nation in the European Commonwealth, 2nd edition, Oxford

Open access
Politics and Constitutional Law: A Distinction without a Difference?

A ‘distinction without a diference’ exists where a linguistic or conceptual diference turns out to have no substantial significance and merely masks two similar, if not identical, objects. As applied to constitutional law and interpretation, it means that judges – especially the Justices of the United States Supreme Court – employ the forms and language of law, while their reasoning, motivations and goals are political. As some often say, members of the Supreme Court are properly viewed as “politicians in judges’ robes”. Is this assertion accurate? The

Open access
An Opportunity for Reflection – A Special Issue on “The Constitution of Canada: History, Evolution, Influence and Reform”


Canada is and will for the foreseeable future be a peaceful and prosperous liberal democracy whose Constitution Act, 1867, now 150 years old as of 2017, has become a model for the modern world. The Constitution of Canada has exerted considerable influence on other countries, particularly since the coming into force of its Constitution Act, 1982, which included the celebrated Canadian Charter of Rights and Freedoms. Just as Canada drew from foreign and international experiences in drafting its Charter, the world has learned a great deal from Canada, not only as to rights protections but also as to the separation of powers, the judicial function, and the structure of government.

In light of these impressive achievements, an international symposium on the Canadian Constitution was held in Pisa at the Scuola Sant’Anna under the auspices of the Sant’Anna Legal Studies project and with the support of the DIRPOLIS (Law, Politics and Development) Institute at the Scuola Sant’Anna, the Canadian Embassy in Italy, and the International Association of Constitutional Law. This special issue collects some of the papers presented on that occasion.

Open access
Sub-national constitutional politics: contesting or complementing, replicating or innovating, traditional constitutionalism?

Verfassung’, in Ernst-Wolfgang Böckenförde, Staat, Verfassung und Demokratie. Studien zur Verfassungstheorie und zum Verfassungsrecht. 2nd edition. Suhrkamp, Frankfurt/Main, 29-52. Elazar Daniel J., 1987, Exploring Federalism, The University of Alabama Press, Tuscaloosa. Gardner James A., 2007, ‘In Search of Sub-National Constitutionalism’, Paper prepared for the Seventh World Congress of the International nAssociation of Constitutional Law, Athens, Greece, June 11-15, 2007, available at:

Open access
Commanders-in-chief beyond the border: analysing the powers of heads of state in Northern American federalism

, from the first session of the legislature, in the year 1619, vol. 9, J. & G. Cochran, Richmond. · Hogg Peter W., 2003, Constitutional Law of Canada, Student Edition, Thomson Canada Limited, Scarborough, Ontario. · Kelsen Hans, 1923-1924, “Die Lehre von den drei Gewalten oder Funktionen des Staates”, Archiv für Rechts und Wirtschftsphilosophie, XVII(3): 374-408. · Lewis Jack, 1985, “The Birth of EPA”, EPA Journal, XI(9). Available at: <>. · Macleod Kevin S., 2012

Open access
Constitutional and administrative paradigms in judicial control over EU high and low politics

external effectiveness of the EU in global governance’, Journal of European Public Policy , XXI(7): 961-979. • Craig Paul, 2013, ‘Pringle and Use of EU Institutions outside the EU Legal Framework: Foundations, Procedure and Substance’, European Constitutional Law Review , IX(2): 263-284. • de Burca Gráinne, 2010, ‘The EU, the European court of Justice and the International Legal Order after Kadi’, Harvard International Law Journal , LI(1): 1-50. • de Burca Gráinne, 2013, ‘EU External Relations: The Governance Mode of Foreign Policy’, in Van Vooren

Open access