Canada and the ethics of constitutionalism : identity, destiny, and constitutional faith / Samuel V. LaSelva.

Format:

Book

Author/Creator:

LaSelva, Samuel V. (Samuel Victor), 1952- author.

Language:

English

Subjects (All):

Constitutional history--Canada.

Constitutional history.

Canada.

Physical Description:

xvii, 324 pages ; 23 cm

Place of Publication:

Montreal ; Kingston ; London ; Chicago : McGill-Queen's University Press, 2018.

Summary:

"Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become."-- Provided by publisher.

Contents:

The new Canada, the old Canada, and the spirit of Haida Gwaii : three images of the Canadian constitutional faith

The Charter of rights, the British connection, and the Americanization thesis : toward a Montesquieuean analysis of rights and their protection

The notwithstanding clause and the American rights model : federalism and legislative power in Canada and the United States

British judges, Charter dialogue, and America's "celebrated footnote" : judicial review and fundamental values

Free speech for the thought that we hate? Canadian constitutionalism, British pluralism, and first amendment exceptionalism

Mosaic and melting pot : the dialectic of pluralism and constitutional faith in Canada and the United States

Secession and identity : Canada, the United States, and contemporary Britain as divided houses

The spirit in the land and the spirit of the Constitution : Aboriginal self-government in Canada and the United States

The arduous destiny of the peaceable kingdom : George Grant, Alan Cairns, and the meaning of the Canadian constitutional crisis

Constitutional faiths : the Canadian identity, American freedom, and the remaking of the British Constitution.

Notes:

Includes bibliographical references (pages 271-304) and index.

Other Format:

LaSelva, Samuel V. (Samuel Victor), 1952-, author. Canada and the ethics of constitutionalism identity, destiny, and constitutional faith./

ISBN:

9780773555303

0773555307

9780773555310

0773555315

OCLC:

1080207934