Professor Matthew Harrington has recently published an article in the Supreme Court Law Review entitled, “Language Rights and the Political Question Doctrine.” Here is the abstract:
This article will explore the progress of language rights jurisprudence in the Supreme Court. Specifically, it will focus on the Supreme Court’s interpretation of section 133 of the Constitution Act, 1867, with a view toward exploring the problem of judicial bilingualism. It will begin by examining language rights in their historical context. Thereafter, it will consider the Court’s approach to the interpretation of section 133 in light of the political compromise doctrine. It will then conclude by arguing that the Court’s jurisprudence under the doctrine is inconsistent with the purpose of language rights guarantees and should be overruled.
A copy of the paper may be found here.