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 prĂ©paratoires,...

Panel 39, TUESDAY JUNE 26 2018 9:00 AM - 10:30 AM