Andras Csontos
andrascsontos.bsky.social
Andras Csontos
@andrascsontos.bsky.social
LLM Maastricht '25, BA Sciences Po Paris & LSE Law. Democracy & RoL jurisprudence in CCL & IHRL. Anti-auth'n coalition politics in polisci.
(VI) The CC is subject to significant influence by the legislature. The draft gives the Office of the National Assembly the power to (1) vary the default no-remuneration rule and grant the CC members pay, or subsequently decrease or rescind it, (2) declare that the holding of any office disqualifies
October 12, 2025 at 4:38 PM
(V) The members of the CC (1) will be unpaid, according to the proposed default rule, and (2) won't be barred from any kind of economic activity during their tenure. This lack of financial independence opens the door wide for the members to be influenced by corporate, govt etc. economic interests.
October 12, 2025 at 4:38 PM
(IV) The chair of the CC is substituted in case of absence, vacancy etc. by an interim chair chosen from among the members by the govt - direct executive influence on the CC's functioning. Cf. the Court of Appeal: the Chief Justice of Quebec is automatically substituted by the senior puisne judge.
October 12, 2025 at 4:38 PM
(III) CC members remain in office until their respective successors are appointed. This means that any NA minority larger than 1/3, any Premier, and (theoretically) any minister of justice [or of const'l affairs, possibly], can maintain members in office indefinitely. This makes the 6-year max
October 12, 2025 at 4:38 PM
(II) A 2/3 NA majority can dismiss CC members from office for any reason whatsoever; dismissals presumably couldn't be challenged in court. This incentivises the CC to conform its opinions to NA preferences. A single-party 2/3 majority can also replace the entire CC for partisan reasons at any time.
October 12, 2025 at 4:38 PM
(I) The CC's 5 members are (1) recommended by the justice minister [& possibly the const'l affairs minister; the drafting is unclear], (2) nominated by the Premier, (3) appointed by the Nat'l Assembly w/ a 2/3 majority required. (1) will usually be a proxy for the Premier's will, although coalition
October 12, 2025 at 4:38 PM
The draft proposes for QC legislature to purport to make several textual amendments to the Constitution Act, 1867 (as in Bills 96 & 4; similarly Saskatchewan First Act). @emmettmacfarlane.com has argued extremely persuasively that this is ultra vires: digitalcommons.osgoode.yorku.ca/ohlj/vol60/i...
October 9, 2025 at 3:13 PM
September 2, 2025 at 12:53 AM