The Canadian Constitution in Transition / Richard Albert, Paul Daly, Vanessa MacDonnell.

Format:

Book

Author/Creator:

Albert, Richard, author.

Daly, Paul, author.

MacDonnell, Vanessa, author.

Language:

English

Subjects (All):

Constitutional law--Canada.

Constitutional law.

Physical Description:

1 online resource (217 pages)

Place of Publication:

Toronto : University of Toronto Press, [2019]

Language Note:

In English.

Summary:

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.

Contents:

Frontmatter

Contents

The Canadian Constitution in Transition

Introduction: The Constitution of Canada in a New Key / Albert, Richard / Daly, Paul / MacDonnell, Vanessa

1 The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian Government / Liston, Mary

2 The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket / MacFarlane, Emmett

3 Section 96: Striking a Balance between Legal Centralism and Legal Pluralism / Daly, Paul

4 Canada's "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case Study / Wright, Wade K.

5 Cooperative Federalism in Canada and Quebec's Changing Attitudes / Karazivan, Noura

6 Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two Questions / Kislowicz, Howard

7 Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective / Kaushal, Asha

8 Difference and Inclusion: Reframing Reasonable Accommodation / Narain, Vrinda

9 Freeing Inherent Aboriginal Rights from the Past / Milward, David

10 False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools / Xavier, Sujith

11 The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and Private / Newman, Dwight

12 A Role for Human Dignity under the Canadian Charter of Rights and Freedoms / Kidd White, Emily

13 Is the Permanent Campaign the End of the Egalitarian Model for Elections? / Pal, Michael

14 Immutability, Immigration Status, and the Limits of Equality Protection / Arbel, Efrat / Myrdahl, Eileen

Contributors

Index of Cases and Statutes

Index of Names

General Index

Notes:

Description based on online resource; title from PDF title page (publisher's Web site, viewed 23. Mai 2019)

ISBN:

1-4875-1912-5

1-4875-1911-7

OCLC:

1089194381