Foundation and Framework: How Unwritten Constitutional Principles Shape Political Decision-Making

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Foundation and Framework: How Unwritten Constitutional Principles Shape Political Decision-Making

Vanessa MacDonnell

Since the 1980s, the Supreme Court of Canada has articulated a jurisprudence of “unwritten constitutional principles.” In a series of decisions dealing with constitutional questions in contexts ranging from patriation to secession, it has recognized a number of unwritten principles as constitutional, including…

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The English Common Law as a Vehicle for the Protection of Uncodified Constitutional Rights

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The English Common Law as a Vehicle for the Protection of Uncodified Constitutional Rights

Christina LIENEN

Whereas constitutional rights jurisprudence is well-established in Canada, in the United Kingdom, a traditionally rights-skeptic jurisdiction, the jurisprudential foundation and normative reach of constitutional rights remains contested. It is only recently that the UK Supreme Court has started to refer to common law concepts that are constitutional in character…

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The Unwritten Constitutional Principle of Ecological Sustainability: A Lodestar for Canadian Environmental Law?

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The Unwritten Constitutional Principle of Ecological Sustainability: A Lodestar for Canadian Environmental Law?

Lynda COLLINS

Environmental law in Canada and around the world has achieved many significant victories – saving countless human lives, bringing species back from the brink of extinction and improving quality of life for millions of people. However, when assessed against the crucial parameter of sustainability…

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‘A Constitution Similar in Principle to that of the United Kingdom’: Constitutional Principles and the Importance of Context – A Sustainable Jurisprudence

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‘A Constitution Similar in Principle to that of the United Kingdom’: Constitutional Principles and the Importance of Context – A Sustainable Jurisprudence

Peter OLIVER

In recent years, unwritten constitutional principles have often found their place in Canadian constitutional law via their supposed foothold in the part of the Preamble to the Constitution Act, 1867 that refers to 'a Constitution similar in principle to that of the United Kingdom'. Principles such as judicial independence, democracy…

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The Demands of Unwritten Constitutionalism on Institutional Design

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The Demands of Unwritten Constitutionalism on Institutional Design

Kate Glover Berger

For scholars of public law, an important open question lies at the intersection of constitutional and administrative law. The question asks about the relationship between unwritten constitutionalism and constitutional structure. Or more specifically, in what ways does the unwritten constitution make demands on institutional design within the public order?

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Guest Editors' Introduction: Contemporary Perspectives on Unwritten Constitutional Principles

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Guest Editors' Introduction: Contemporary Perspectives on Unwritten Constitutional Principles

Vanessa MACDONNELL & Se-shauna WHEATLE

On March 22, 2019, a group of scholars and practitioners convened at the University of Ottawa Faculty of Law for a full-day symposium on the role of unwritten constitutional principles in contemporary constitutional law. Scholars from Canada, Jamaica and the United Kingdom presented innovative new research, a portion of which is featured in this blog symposium.

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