Canadian Politics
A02(b) - Roundtable: The Nature and Role of Unwritten Constitutional Principles
Date: Jun 12 | Time: 10:15am to 11:45am | Location:
This roundtable will discuss and debate the nature and role of unwritten constitutional principles in Canada. Unwritten constitutional principles occupy a strange place in the Canadian constitution. On one hand, they underpin key aspects of Canadian constitutionalism, such as the rule of law, judicial independence, and the separation of powers. On the other hand, the Supreme Court has ruled that these unwritten principles cannot be used to overturn or countermand statutes that are in line with the written constitution. Unwritten constitutional principles, therefore, appear essential and foundational, yet less binding and determinative than the written constitution. It is also unclear how these principles interact and relate with the wider unwritten constitution, such as constitutional conventions. Indeed, questions remain about whether unwritten constitutional principles are best understood as a form of higher law or as a set of political rules, and what that implies for their interpretation, evolution, and standing. This roundtable will discuss these issues with the aim of providing greater clarity about unwritten constitutional principles.
Philippe Lagassé (Carleton University)Emmett Macfarlane (University of Waterloo)
Andrew McDougall (University of Toronto)
Christa Scholtz (McGill University)
Minh Do (University of Guelph)
Abstract: This roundtable will discuss and debate the nature and role of unwritten constitutional principles in Canada. Unwritten constitutional principles occupy a strange place in the Canadian constitution. On one hand, they underpin key aspects of Canadian constitutionalism, such as the rule of law, judicial independence, and the separation of powers. On the other hand, the Supreme Court has ruled that these unwritten principles cannot be used to overturn or countermand statutes that are in line with the written constitution. Unwritten constitutional principles, therefore, appear essential and foundational, yet less binding and determinative than the written constitution. It is also unclear how these principles interact and relate with the wider unwritten constitution, such as constitutional conventions. Indeed, questions remain about whether unwritten constitutional principles are best understood as a form of higher law or as a set of political rules, and what that implies for their interpretation, evolution, and standing. This roundtable will discuss these issues with the aim of providing greater clarity about unwritten constitutional principles.