Associate Professor

Jackman Law Building
78 Queen's Park
Toronto, Ontario M5S 2C5 

Tel.: 416-978-4488

Richard Stacey has a PhD from New York University’s Institute for Law and Society and degrees in political theory and law from the University of the Witwatersrand in Johannesburg, South Africa. He served as law clerk to Justice Kate O’Regan and Justice Bess Nkabinde at the Constitutional Court of South Africa, has taught courses in constitutional law, constitutional design, administrative law, political theory and human rights at NYU, the City University of New York Law School, the University of Witwatersrand and the University of Cape Town, and was involved in an advisory capacity in constitutional transitions in Kenya (2009), Tunisia (2012-14), Egypt (2013) and Libya (2013). Before joining the Faculty in 2014, Richard was the Director of Research at the Center for Constitutional Transitions at NYU Law.

Ph.D., New York University, 2014
LLB, University of the Witwatersrand, 2004
BA (Hons), University of the Witwatersrand, 2002
Selected publications

"The Magnetism of Moral Reasoning and the Principle of Proportionality in Comparative Constitutional Adjudication", (2019) 67 American Journal of Comparative Law 435.

"A Service Conception of the Constitution: Authority, Justification and the Rule of Law in Proportionality Jurisprudence" (2019) 9 Constitutional Court Review ___ (forthcoming).

"The Dilemma of Indigenous Self-Government in Canada: Indigenous Rights and Canadian Federalism" (2018) 46 Federal Law Review 669.  

"Honour in Sovereignty: Can Crown consultation with Indigenous peoples erase Canada's sovereignty deficit?", (2018) 68 University of Toronto Law Journal 405.

"Falling short of constitutional norms: Does “normative (in)congruence” explain the courts’ inability to promote the right to water in South Africa?", (2018) 43 Law & Social Inquiry 796.

"Dynamic Regulatory Constitutionalism: Taking Legislation Seriously in the Judicial Enforcement of Economic and Social Rights", (2017) 31 Notre Dame Journal of Law, Ethics and Public Policy 85.

"Popular Sovereignty and Revolutionary Constitution-Making” in David Dyzenhaus and Malcolm Thorburn (eds), Philosophical Foundations of Constitutional Law, Oxford: Oxford University Press 2016.

Research areas
Aboriginal Law
Administrative Law
Canadian Constitutional Law
Comparative Law
Legal Theory
National Security Law and Anti-Terrorism Law
Political Philosophy and Theory