Canada in the world : comparative perspectives on the Canadian Constitution / edited by Richard Albert, Boston College Law School, David R. Cameron, Yale University.

Format:

Book

Contributor:

Albert, Richard (Law professor), editor.

Cameron, David R., editor.

Series:

Comparative constitutional law and policy.

Comparative constitutional law and policy

Language:

English

Subjects (All):

Constitutional law--Canada.

Constitutional law.

Rule of law--Canada.

Rule of law.

Civil rights--Canada.

Civil rights.

Physical Description:

1 online resource (xii, 470 pages) : digital, PDF file(s).

Place of Publication:

Cambridge : Cambridge University Press, 2018.

Summary:

In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.

Contents:

Diversity and the rule of law : a Canadian perspective / Rt. Hon. Beverley McLachlin, P.C.

Misconceiving federalism : Canadian and the federal idea / Stephen Tierney

Political dynamics in Quebec : charting concepts and imagining political avenues / Alain-G. Gagnon

Indigenous peoples and the Canadian state : The prospects of a postcolonial constitutional pluralism / Patrick Macklem

Legality, legitimacy, and constitutional amendment in Canada / Jamie Cameron

Constitutional citizens : oaths, gender, religious attire / Ayelet Shachar

The judicial constitutionalization of politics in Canada and other contemporary democracies : Comparing the Canadian secession case to South Africa's death penalty case and Israel's landmark Migdal constitutional case / Michel Rosenfeld

Originalism in Australia and Canada : why the divergence? / Jeffrey Goldsworthy and Grant Huscroft

Rights inflation in Canada and the United States / Mark Tushnet

Substantive equality past and future : The Canadian Charter experience / Catharine A. MacKinnon

Canadian constitutional law of freedom of expression / Adrienne Stone

The judicial, legislative, and executive roles in enforcing hte constitution : three Manitoba stories / Kent Roach

Going global? Canada as importer and exporter of constitutional thought / Ran Hirschl

Exporting dialogue : critical reflections on Canada's commonwelath model of human rights protections / Alison Young

The European Court of Human Rights and the Canadian case-law / Lech Garlicki

Canadian rights discourse travels to the East : referencing to Canadian Charter case laws by Hong Kong's court of final appeal and Taiwan's constitutional court / Wen-Chen Chang

The Canadian Charter, South Africa, and the paths of constitutional influence / Heinz Klug

The court and the constitution in the world / David R. Cameron.

Notes:

Title from publisher's bibliographic system (viewed on 24 Oct 2017).

ISBN:

1-108-35594-3

1-108-33343-5

1-108-35930-2