Revisiting the Constitutional Override: Turning a “Bete Noir“ Into a Useful Constitutional Tool

The Canadian “Notwithstanding“ or “override“ has enjoyed significant scholarly discussion and some name caling: from the “bête noire of Canadian constitutional politics“ to “poison pill“ (CJ Barak in Israel). While in Canada the override preserves the provinces / federation balance, in Israel the override is purely a matter of the last word in judicial review:...

Panel 89, TUESDAY JUNE 26 2018 11:00 AM - 12:30 PM