Sections 91 and 92 of the Constitution Act, 1867 reveal a formula for a governmental structure designed to protect individual liberty. These sections assign the authority to “make Laws” exclusively to legislatures. The separation of legislative power from executive power and the vestiture of legislative power in a representative institution...
De Jure Submission and De Facto Courteous Regard: Places for Two Types of “Deference” Post-Vavilov
Considerable controversy in Canadian administrative law concentrates on whether “deference” is warranted. This article argues that much of this conflict could be avoiding by recognizing that the word is used to describe two different phenomena: surrendering authority as a matter of obligation, and humbly electing to yield recognizing that another’s...
English (Canada) 
Français du Canada