The year 2017 marked the 150th anniversary of Confederation and the 1867 Constitution Act. Anniversaries like these are often seized upon as opportunities for retrospection. This volume, by contrast, takes a distinctively forward-looking approach. Featuring essays from both emerging and established scholars, The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come. Moving beyond the frameworks that previous generations used to organize constitutional thinking, the scholars in this volume highlight new and innovative approaches to perennial problems, and seek new insights on where constitutional law is heading. Featuring fresh scholarship from contributors who will lead the constitutional conversation in the years ahead - and who represent the gender, ethnic, linguistic, and demographic make-up of contemporary Canada - The Canadian Constitution in Transition enriches our understanding of the Constitution of Canada, and uses various methodological approaches to chart the course toward the bicentennial.
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The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come.
Introduction: The Constitution of Canada in a New KeyRichard Albert, Paul Daly, and Vanessa MacDonnell 1. The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian GovernmentMary Liston 2. The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential StraitjacketEmmett Macfarlane 3. Section 96: Striking a Balance between Legal Centralism and Legal PluralismPaul Daly 4. Canada’s "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case StudyWade K. Wright 5. Cooperative Federalism in Canada and Quebec’s Changing AttitudesNoura Karazivan 6. Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two QuestionsHoward Kislowicz 7. Collective Diversity and Jurisdictional Accommodations in Constitutional PerspectiveAsha Kaushal 8. Difference and Inclusion: Reframing Reasonable AccommodationVrinda Narain 9. Freeing Inherent Aboriginal Rights from the PastDavid Milward 10. False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential SchoolsSujith Xavier 11. The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and PrivateDwight Newman 12. A Role for Human Dignity under the Canadian Charter of Rights and FreedomsEmily Kidd White 13. Is the Permanent Campaign the End of the Egalitarian Model for Elections?Michael Pal 14. Immutability, Immigration Status, and the Limits of Equality ProtectionEfrat Arbel and Eileen Myrdahl ContributorsIndex
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"The Canadian Constitution in Transition seeks to move beyond familiar frameworks in the study of the Canadian Constitution, searching for fresh insights enriched by critical, sociological, and global perspectives. Filled with illuminating analyses offered by emerging leaders in the field, the result is a collection that points us in new and exciting directions in Canadian constitutional scholarship." 
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Produktdetaljer

ISBN
9781487523022
Publisert
2019-02-16
Utgiver
Vendor
University of Toronto Press
Vekt
620 gr
Høyde
229 mm
Bredde
152 mm
Dybde
25 mm
Aldersnivå
U, P, 05, 06
Språk
Product language
Engelsk
Format
Product format
Heftet

Om bidragsyterne

Richard Albert is Professor of Law at The University of Texas at Austin and, in 2017-18, Distinguished Visiting Professor at the Faculty of Law at the University of Toronto. Paul Daly is a University Senior Lecturer in Public Law at University of Cambridge and the Derek Bowett Fellow in Law at Queen's College, Cambridge. Vanessa A. MacDonnell is Associate Professor in the Faculty of Law at the University of Ottawa.