Judicializing Everything? Mark Harding on the Clash of Constitutionalisms

Mark Harding (University of Guelph) joins Runnymede Radio to discuss his book, Judicializing Everything? The Clash of Constitutionalisms in Canada, New Zealand, and the United Kingdom, which Justice Malcolm Rowe of the Supreme Court of Canada referenced at length during his keynote address at Law & Freedom 2024. Comparing Canada, New Zealand, and the United Kingdom, Harding examines political and legal constitutionalism, strong- and weak-form judicial review, and competing approaches to the relationship between courts and legislatures. The discussion explores Canada’s notwithstanding clause, underlying constitutional principles, constitutional reach, and “strained interpretation” of statutes. Harding also considers what the Supreme Court’s forthcoming decision in English Montreal School Board could mean for section 33 and the future balance between judicial and legislative authority in Canada.