The Originalism of F.R. Scott
Recommended Citation
Preston J. Lim,
The Originalism of F.R. Scott,
111
Supreme Court Law Review (2d) (Can.)
101
(2023).
Available at:
https://digitalcommons.law.villanova.edu/facpubs/100
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