STRUCTURAL ANALYSIS AND THE CANADIAN CONSTITUTION

Authors

  • The Honourable Justice Malcolm Rowe Supreme Court of Canada
  • Manish Oza University of Western Ontario

Abstract

This article is about structural analysis in Canadian constitutional law. Structural analysis is a methodology for identifying unwritten components of the constitution and giving them effect. These unwritten components—Parliamentary privilege, Crown prerogative, constitutional conventions and underlying constitutional principles—pertain to the basic institutions of the state and the norms that govern their operations and relations. We explain how structural analysis operates and show that it is essential to discerning and applying the unwritten constitution.

Keywords:

The Constitution, Structural Analysis, Constitutional Interpretation, Methodology, Parliamentary Privilege, Crown Prerogative, Constitutional Conventions, Unwritten Constitution, Underlying Principles, Interpreting Unwritten Principles, Constitutional Structure, Norms

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Author Biographies

The Honourable Justice Malcolm Rowe, Supreme Court of Canada

The Honourable Justice Malcolm Rowe was appointed to the Supreme Court of Canada in 2016.

Manish Oza, University of Western Ontario

Manish Oza is an Assistant Professor at the Faculty of Law, University of Western Ontario.

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Published

2023-05-25

Issue

Vol. 101 No. 1 (2023): Emerging Issues in Technology Law and Intellectual Property

Section

Articles

License

Copyright (c) 2023 The Canadian Bar Foundation

Creative Commons License

This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.