Scholars have demonstrated that written constitutions may be amended informally, for instance by judicial interpretation, statutory law, or executive action. But it has yet to be fully appreciated that written constitutions may also be informally amended when a constitutional provision falls into desuetude*. Whereas other forms of informal amendment leave the constitutional text entrenched, unchanged, and politically valid, constitutional desuetude leaves the text entrenched and unchanged but renders it politically invalid.
In this Lecture, Professor Albert will illustrate and theorize the phenomenon of constitutional desuetude with reference to the Canadian and United States Constitutions.
*Desuetude: The condition or state into which anything falls when one ceases to use or practice it; a state of disuse.
Challenges, Controversies and Consequences of Daniels v Canada. Who is responsible for the more than 600,000 aboriginal peoples across Canada who are either Metis or live off-reserve — Ottawa or the provinces? This lecture explores this question.
A comparative look at judicial legitimacy in the United States and Canada.
The speakers at the Senate Event addressed the significance of the Government of Canada’s proposed Senate reforms in Bill C-7.