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Articles on Constitutional law

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Ontario Premier Doug Ford speaks during a news conference, as Education Minister Stephen Lecce looks on in Toronto on Nov. 7, 2022. Ontario has repealed legislation that imposed a contract on 55,000 education workers and invoked the notwithstanding clause. THE CANADIAN PRESS/Nathan Denette

Preventing use of the notwithstanding clause is a bad idea — and unnecessary

A Supreme Court reference on the notwithstanding clause could look beyond the highly polarized reactions to any particular law and get at the heart of the issue.
Civil rights leader Martin Luther King Jr., left, and attorney Fred Gray, whom King called ‘the brilliant young Negro who later became the chief counsel for the protest movement,’ at a political rally in Tuskegee, Alabama, April 29, 1966. AP Photo/Jack Thornell

Fred Gray, the ‘chief counsel for the protest movement,’ to get Medal of Freedom for his civil rights work

When Rosa Parks was arrested for sitting in the front of a bus in Montgomery, Fred Gray was her lawyer. Now he’s being honored for a lifetime of civil rights advocacy.
Ketanji Brown Jackson at her Senate Judiciary Committee hearing as a nominee to be a U.S. Circuit Judge for the District of Columbia Circuit, on April 28, 2021. Tom Williams-Pool/Getty Images)

Biden nominates Ketanji Brown Jackson to the Supreme Court: 7 questions answered

A constitutional law professor provides insight on what Judge Ketanji Brown Jackson, the first Black woman nominated to the Supreme Court, could mean for how that court works.
The U.S. army conducts a military training exercise for emergencies in Germany on Jan. 27, 2022. Armin Weigel/picture alliance via Getty Images

Biden sending more troops to Eastern Europe – 3 key issues behind the decision

President Joe Biden is deploying 3,000 troops to support NATO in Eastern Europe. By doing so, Biden enters both a regional conflict and tangled legal territory.
Ontario Premier Doug Ford walks to his office in June 2020 as legislators debated the government’s legislation that enabled it to invoke the notwithstanding clause. THE CANADIAN PRESS/Chris Young

Notwithstanding the notwithstanding clause, the Charter is everyone’s business

By paying greater attention to the originally intended application of the Canadian Constitution’s notwithstanding clause, along with the diversity of lawmakers in Canada, there’s a better path forward.
Illuminating recent Supreme Court rulings. Geoff Livingston via Getty Images

Religion at the Supreme Court: 3 essential reads

Religion was a common theme in some of the cases to come before the nine justices in the recently concluded Supreme Court term. Three experts help explain what is at stake.
Without a formal constitution, Israelis disagree on such basic issues as whether Israel is a Jewish state. Jack Guez/AFP via Getty Images

How Israel’s missing constitution deepens divisions between Jews and with Arabs

Governed by a changeable body of ‘basic laws,’ Israel never settled basic questions like the rights of religious minorities. These destabilizing issues will continue to fester under a new government.

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