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Latest in: Legal History

  • The Framers Refuted: Originalism and Constitutional Meaning after 1867

    This essay is the final installment in a three-part series on Confederation that provides critical historical context for Canada’s sesquicentennial anniversary. The first two parts were posted on the 26th and 28th of June. Bradley Miller In 1882, during oral arguments at the Judicial Committee of the Privy Council for one of the first court… Continue Reading

    on June 30, 2017
  • Legal Pluralism and the Search for Sovereignty in Post-Conquest Quebec

    Aaron Willis The sovereignty of British political institutions and English laws in governing Quebec eroded for a variety of reasons. One source of this erosion was the ability to work outside the strictures of the Common Law granted to officials by the use of European Natural law theory. A second critical cause is the rise… Continue Reading

    on December 20, 2016
  • Diversity and Sovereignty: How the Quebec Act enhanced, not weakened, the British Empire

    Aaron Willis The relationship between Britain and supranational structures has consistently raised questions of authority and sovereignty. While the E.U. has provided the most recent theatre for debates over these political concepts, in the eighteenth century it was the expanding empire that generated political crises and the attendant debates. The concept of sovereignty, often in… Continue Reading

    on August 15, 2016
  • Unrest, Violence, and the Search for Social Order in British North America and Canada, 1749-1876

    Elizabeth Mancke From the mid-eighteenth century to the early Confederation era, British North Americans and then Canadians confronted a wide range of phenomena that could engender disorder: imperial wars, rebellions, the arrival of immigrants, epidemics, political unrest, and relations with First Nations. All, directly or indirectly, presented challenges to maintaining social and political order. In… Continue Reading

    on October 12, 2015

Recent Posts

  • Death, Restitution, and Legal Pluralism in Upper Canada
  • A Response to “Miseries in the name of Liberty”
  • “Miseries in the name of Liberty”
  • Women, War, and Conflict on Turtle Island before 1914: CALL FOR PAPERS
  • De-sanctifying Written Constitutions

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