Advisory Review

Richard Albert

Boston College - Law School; Yale University - Law School


Alberta Law Review, Vol. 45, No. 4, 2008
Boston College Law School Legal Studies Research Paper No. 2008-01

The Notwithstanding Clause is the cornerstone of our Canadian constitutional architecture. It merges parliamentary supremacy and constitutional democracy. But the Notwithstanding Clause finds itself conceptually situated between illegitimacy and desuetude in a constitutional purgatory. This is not a promising portrait. Nonetheless, it is a blessing in disguise. The tragic failure of the Notwithstanding Clause is a fortuitous opportunity to create a new process to achieve its objectives while also remaining loyal to the intentions of its creators. That is the task I have given myself in this Article. This new process - which I call advisory review - is a new form of judicial review that is uniquely Canadian, born of Canadian roots, and consistent with Canadian constitutional traditions.

Number of Pages in PDF File: 35

Keywords: Notwithstanding Clause, judicial review, Canada, Charter of Rights and Freedoms, democratic legitimacy, desuetude

Open PDF in Browser Download This Paper

Date posted: June 25, 2009 ; Last revised: March 18, 2010

Suggested Citation

Albert, Richard, Advisory Review (2008). Alberta Law Review, Vol. 45, No. 4, 2008; Boston College Law School Legal Studies Research Paper No. 2008-01. Available at SSRN: https://ssrn.com/abstract=1424050

Contact Information

Richard Albert (Contact Author)
Boston College - Law School ( email )
885 Centre Street
Boston, MA 02459-1163
United States
617.552.3930 (Phone)
HOME PAGE: http://www.richardalbert.com

Yale University - Law School ( email )
P.O. Box 208215
New Haven, CT 06520-8215
United States
HOME PAGE: http://www.richardalbert.com

Feedback to SSRN

Paper statistics
Abstract Views: 1,288
Downloads: 242
Download Rank: 95,138