Notwithstanding Centralism
The Resurgence of the Notwithstanding Clause and the Conservative Provincial Rights Movement
Dados Bibliográficos
| ID | 6238567 |
|---|---|
| Autores | Geoffrey Sigalet (0000-0002-7789-401X, University of British Columbia, Okanagan Campus, autor correspondente), Dave Snow (0000-0001-5053-1350, University of Guelph) |
| Ano | 2025 |
| Volume | 58 |
| Fascículo | 3 |
| Páginas | 516-537 |
| Data de publicação | 2025-09-01 |
| Peer Reviewed | Sim |
| Open Access | Sim |
| Tipo | ARTICLE |
| Periódico | Canadian Journal of Political Science (JOURNAL) |
| Identificadores do periódico | ISSN: 0008-4239 • E-ISSN: 1744-9324 |
| Editora | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s0008423925000034 |
| OpenAlex | W4411157373 |
| Idioma | EN |
| Citações recebidas | 2 |
| Referências citadas | 44 |
After 30 years of relative neglect, Canada’s notwithstanding clause has been invoked in six different provincial laws since 2018. We argue that this resurgence can be explained by the growing judicial invalidation of provincial statutes and federal-provincial partisan conflicts. Drawing from an original dataset of Charter cases decided by the Supreme Court of Canada (1982–2020), we show that provincial statutes have been invalidated at much higher rates since 2010. We also show how increasing partisan conflicts between conservative provincial governments and the Liberal federal government have helped frame the notwithstanding clause as a partisan tool for resisting centralizing rights decisions. The strategic environment facing provinces has shifted as partisan federalism conflicts lower the political costs of using the clause, while rising invalidation rates incentivize provinces to use it to protect their jurisdiction. This supports the “regime politics” understanding of judicial power as partly a function of federal (central) regime power
Centralized government · Economics · Movement (music · Political economy · Political science · Politics · American Constitutional Law and Politics · Historical and Contemporary Political Dynamics · Judicial and Constitutional Studies · Law · Philosophy
Constitutional odyssey
Courts
The Core of the Case against Judicial Review
The republican core of the case for judicial review
The Canadian Charter’s Notwithstanding Clause as an Institutionalized Mechanism of Court Curbing
Compared to What? Judicial Review and Other Veto Points in Contemporary Democratic Theory
Partisanship, motivated reasoning and the notwithstanding Clause
The courts/parliament trade-off
Public Support for Canadian Courts
The Supreme Court and Federal-Provincial Relations
Canada
Notwithstanding rights, review, or remedy? On the notwithstanding clause and the operation of legislation
Comparative Analysis of Federal High Courts
Reconciling Rights and Federalism during Review of the Charter of Rights and Freedoms
Interpose Your Friendly Hand”
The notwithstanding mechanism and public discussion
Towards Juristocracy
Judicial Behavior under Political Constraints
Liberty and Community
Beyond the Democratic Dialogue, and Towards a Federalist One
Courts and Federalism
A Model of the Endogenous Development of Judicial Institutions in Federal and International Systems
Presidential Constraints on Supreme Court Decision-Making
Ideology and Support for Federalism in Theory—And in Practice
The Frontiers of Nullification and Anticommandeering
The Canadian Reference Power
The Effect of the Charter of Rights on Canadian Federalism
Pulling Punches
Canadian Constraints on Judicialization from Without
A Paper Tiger No More? The Media Portrayal of the Notwithstanding Clause in Saskatchewan and Ontario
You Can't Always Get What You Want
The Separation of Powers, Court Curbing, and Judicial Legitimacy
Counter-Majoritarian Democracy
| Obras citantes distintas | 2 |
|---|---|
| Citações por ano | 2 |
| Intervalo de citações | 2025 - 2026 (2) |
| Velocidade de citação | current |
| Altamente citado | Não |
| Tipos de citação | Neutras: 2 |