The Paper-Writers' Page

The requirement:

A well-thought out, well-drafted 25-40 page original, scholarly paper.  It must be well-researched, well-written and properly formatted, including correct citations . 
  
No extensions; lateness to be penalized.   Papers to be submitted by November 28, 2009.
 
 

Possible Topics to Consider:

Some people are not sure what might be interesting to write about.  I offer these topics as suggestions.  There are many other possibilities.  Also, many of these topics are quite general and you should perhaps try to make them narrower or more particular.
 

Canadian constitutional law abroad: the South African Constitutional Court applies the Charter

Reasoned apprehension of harm - when are Canadian courts entitled to assume the existence of harm - is their approach correct?

The role of stare decisis in Canadian constitutional law

The proper role of unwritten principles in Canadian constitutional law: an assessment of the Secession Reference and its progeny.  Are the unwritten principles dead?

The doctrine of judicial notice in constitutional law

An assessment of jurisprudence under s. 92A of the Constitution Act 1982

Charter inconsistency - an analysis of inconsistent approaches between sections in the Charter (e.g., economic rights protected under ss. 2(b) and 15 but not protected under s. 7)

Procedural reforms for the Supreme Court of Canada: changes necessary in the age of the Charter

Administrative law doctrines of deference and s. 1 deference - a comparison

Possible effects of the federalism principle recognized in Canadian Western Bank v. Alberta on future division of powers jurisprudence.

Extrajudicial speeches and the Supreme Court: the creation of an apprehension of bias under ss. 7 / 11(d)?

The scope of the provincial natural resources power under s. 92A and possible limitations on federal environmental powers.

Case comment on Hislop.  There are many angles to take.  One is whether s. 24(1) damages, as discussed in Hislop, is consistent with Doucet-Boudreau?

An assessment of the courts’ approach to international comity and the Charter

What is “vulnerability” in s. 1 jurisprudence?

Budgetary limits as justification under s. 1 – consistent approach?

Does the SCC’s approach on comparator groups under s. 15 mean that underinclusive benefits legislation can never be successfully challenged under s. 15?

Where rights compete: a critique of the approach in Dagenais

Judicial appointment - an analysis and critique of the current system from the standpoint of Charter decision-making?

Section 33 and the override: the development of a constitutional convention against its use?

Mandatory remedies under s. 24 - broader than mandamus in administrative law?


Some help in legal writing and legal citation:
 

Some Tips on Legal Writing... and an online guide to style (Strunk, The Elements of Style)

Some Tips on Legal Citation...  
  
 

About the class Charter
Classes and reading lists Constitution Act, 1867
Mooters' page Constitution Act, 1982
Paper writers' page Canadian Bill of Rights
Email the class Faculty of Law page
Email D. Stratas Links
About the instructor