Work

Notwithstanding the Notwithstanding Clause

Year: 2024

Type: article

Abstract: This paper argues that section 33 of the Charter of Rights and Freedoms — the (in)famous “notwithstanding clause” — is circumscribed by unwritten but binding constitutional principles including judicial independence; democracy; federalism; constitutionalism and the rule of law; and respect for minorities. We posit that the Canadian Constitution contains an irreducible minimum core of human rights that transcends the political compromise embodied in section 33.

Source: Constitutional Forum / Forum constitutionnel

DOI: 10.21991/cf29479

Authors: Natasha Bakht, Lynda Collins

Institution: University of Ottawa

Language: English

Topic: Comparative constitutional jurisprudence studies

Subfield: Political Science and International Relations

Field: Social Sciences

Domain: Social Sciences

SDG: Peace, justice, and strong institutions

Open Access status: diamond

OpenAlex ID: W4404586027

FWCI: 1.675

Cites:

Cited by: 1

Related to: 10