There are many reasons to criticize the US Supreme Court, but I think the label partisan is mis-guided.  All Justices reject the partisan party label, and surely we can give some credence to their statements.  After all, the are credible legal authorities of long standing.  But why, one could ask, do the Judges seem to […]

Our democracy has its roots in the defiance of tyranny; it did not grow out of the soil of good will, fair play and due process. A major event in the establishment of modern democracy is Magna Carta – demands against an absolutist King – which established (among many other important and local rights) the […]

Citizens should oppose pre-emptive use of the Notwithstanding Clause. Those drafting the Canadian Charter of Rights and Freedoms cast a broad net for invocation of the Notwithstanding Clause (Sec. 33).  The clause allows any Canadian legislature (including Parliament) to declare that an Act, or clause within an Act, of the legislature can operate ‘notwithstanding’ the […]

Influencers are mostly self-created, by millennials, teens or younger.  Their small videos – usually very clever and/or funny, sometimes moving – are uploaded to and shared on one or more social media platforms; these generate ‘views’, ‘likes’ and possibly ‘subscribers’, each generating more potential revenue for the influencers.  The influencer then markets her/his/their popularity to […]

In the last half of 2024, Parliament has experienced two events with constitutional implications: Parliamentary Authority In a constitutional democracy, the authority of Parliament is absolute.  In the past, Parliament has chosen to limit or bind its authority through constitutional measures such as the Charter of Rights and Freedoms.  These limits are self-imposed (although changing […]

The last 75 years have seen the shattering of social and cultural norms.  For the most part, changes have been positive: reductions in racism, sexism, homophobia are examples.  However, at the same time formerly authoritative voices – religions, communities, neighbourhoods, families, relationships – all have had their voices muffled if not silenced.  Lacking such anchors, […]

For the English speaking democracies, the rule of law can be said to begin roughly 800 years ago, when a group of unelected nobles extracted or extorted from King John his agreement to limit his use of arbitrary powers.  For the first time in England, the King agreed that he was not above the law. […]

Principles:          Democracy cannot exist without the just rule of law; A just rule of law requires a democracy for its legitimacy; and Parliament is an expression of democracy. Operation of our democracy depends on constitutional principles and electoral laws.  Both the principles and the laws are created by a Parliament elected by the people.  The […]

Pope Francis has made a statement against what he has chosen to call “gender ideology”.  According to the Pope, gender ideology seeks to erase the difference between the sexes: “Cancelling out the differences means cancelling out humanity.”  If I understand the argument correctly, the Pope argues that binary gender is an essential part of our […]

In the debate over Presidential immunity from criminal prosecution, both sides present the issues as unprecedented. They are not. Charles I of England thought he had immunity: since he ruled by divine right, he was above all secular laws.  Parliament disagreed, and there was a civil war.  Charles lost – badly enough to be beheaded. […]