The Originalism of F.R. Scott

Abstract

Few figures have impacted 20th century Canadian history and thought as deeply as F.R. Scott. Although many remember Scott today as a socialist, nationalist, civil libertarian and poet, few remember him as an originalist. After defining various schools of originalism, I argue that Scott implicitly espoused two types of originalism: intentionalism and framework originalism. As an intentionalist, Scott treated the Framers’ purposes and objectives as paramount in interpreting the British North America Act of 1867. As a framework originalist, Scott contended that the Framers established a constitutional architecture fully capable of meeting the challenges of future centuries. Scott’s originalism contains broader lessons both for contemporary originalist theory and Canadian constitutional theory.

ISSN

2563-8505

Keywords

Originalism, Canadian Constitutional Law, Canadian Constitutional Theory, Legal History, F.R. Scott

Disciplines

Constitutional Law | Law | Legal History

Link to Full Text

Share

COinS