This panel explores questions of legisprudence from a transsystemic perspective. It examines the characteristics of “good“ legislation, focussing on intertwined questions of process and substance. Panellists will discuss the role of the participatory elements of law-making, including consultation and information-sharing. They will reflect on the function of parliamentary committees in the evaluation of legislation, and...
Tag: <span>Jula Hughes</span>
The Art and Science of Constitutional Legislation
Much of the existing Canadian literature on deference focuses on courts. What remains underexplored is how the Parliamentary process and executive policy design and constitutional review might inform the Court‘s deference analysis. Drawing on the field of Gesetzgebungstheorie, or legisprudence, this paper considers whether deference analysis should be influenced by parliamentary work, including travaux préparatoires,...
The constitutional conceptualization of non-status and off-reserve indigenous populations in Canada
The Canadian constitutional text speaks to Canada‘s Indigenous populations in different places including in the federal power provisions of the Constitution Act, 1867, in the Canadian Charter of Rights and Freedoms and the Aboriginal Rights section of the Constitution Act, 1982. Each of these is under-inclusive. This paper draws on collaborative research and policy development...