The Constitutional Basis for Canadian Democracy
From: Laws of Government, 2/e
This chapter considers, first, the extent to which democracy is constitutionally entrenched in Canada’s written Constitution. Second, we look at democracy as an unwritten constitutional “principle” supported by unwritten constitutional “conventions.” In the course of this discussion, we introduce, discuss, and sometimes critique some of the weightiest issues in Canadian democracy: parliamentary supremacy, responsible government, the rule of law, and the separation of powers among the legislative, executive, and judicial branches of government.
Craig Forcese is an Associate Professor of Law, Faculty of Law, University of Ottawa. There, he teaches administrative law, public international law, and national security law and runs the annual foreign policy practicum. Much of his present research and writing relates to democratic accountability, national security, and international law. Prior to joining the law school faculty, he practiced law with the Washington D.C. office of Hughes Hubbard & Reed LLP, specializing in international trade law. Craig has law degrees from the University of Ottawa and Yale University, a B.A. from McGill, and an M.A. in international affairs from the Norman Paterson School of International Affairs, Carleton University. He is a member of the bars of Ontario, New York and the District of Columbia. He is author of National Security Law (Irwin Law, 2008) and co-author of The Laws of Government, Second Edition (Irwin Law 2010) and International Law: Doctrine, Practice and Theory (Irwin Law, 2007).
Aaron Freeman is a Senior Policy Advisor in the Office of the Premier of Ontario. For 10 years, he wrote a regular column in The Hill Times, Canada's parliamentary newspaper, and his work often appeared in Canada's leading newspapers and publications. He has provided policy and communications advice to organizations in the health, consumer, environmental, democratic reform, human rights, and international development sectors. Aaron is a part-time faculty member of the University of Ottawa's Faculty of Law, where he has taught the law of Canadian democracy. He is a graduate of McGill University and the University of Ottawa's Faculty of Law, where he was awarded the Gowling Lafleur Henderson Prize for International Trade Law.