z-logo
open-access-imgOpen Access
The Unbroken Supremacy of the Canadian Constitution
Author(s) -
Brian Bird
Publication year - 2018
Publication title -
alberta law review
Language(s) - English
Resource type - Journals
eISSN - 1925-8356
pISSN - 0002-4821
DOI - 10.29173/alr2452
Subject(s) - constitution , law , state (computer science) , inheritance (genetic algorithm) , political science , white supremacy , sociology , mathematics , politics , biochemistry , chemistry , algorithm , gene
This article revives the awareness of the heritage and inheritance of section 52(1) of the Constitution Act, 1982. It exposes the pre-1982 legal basis for constitutional judicial review in Canada and the mechanics of the transition in 1982 to an express supremacy clause. This article also challenges two popular notions in Canadian constitutional law today. The first is that the addition of section 52(1) in 1982 transformed Canada from a state governed by parliamentary supremacy into a state governed by constitutional supremacy. The second is that the Canadian judiciary became the guardian of the Canadian Constitution in 1982. Contrary to conventional wisdom, 1982 was, with respect to the supremacy of the Canadian Constitution, a moment of continuity rather than a break with the past.

The content you want is available to Zendy users.

Already have an account? Click here to sign in.
Having issues? You can contact us here