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Full Description
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter's appropriateness to its impact - for better or worse - on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Contents
Introduction1 Should We Cheer? Contested Constitutionalism and the Canadian Charter of Rights and Freedoms / James B. Kelly and Christopher P. ManfrediPart 1: Governance and Institutions2 Legalise This: The Chartering of Canadian Politics / Andrew Petter3 Rationalizing Judicial Power: The Mischief of Dialogue Theory / Grant Huscroft4 Courting Controversy: Strategic Judicial Decision Making / Rainer Knopff, Dennis Baker, and Sylvia LeRoy5 Legislative Activism and Parliamentary Bills of Rights: Institutional Lessons for Canada / James B. Kelly6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding / Janet L. HiebertPart 2: Policy Making and the Courts7 Judicializing Health Policy: Unexpected Lessons and an Inconvenient Truth / Christopher P. Manfredi and Antonia Maioni8 National Security and the Charter / Kent Roach9 Canadian Language Rights: Liberties, Claims, and the National Conversation / Graham Fraser10 Explaining the Impact of Legal Mobilization and Judicial Decisions: Official Minority Language Education Rights outside Quebec / Troy Riddell11 Reference re Same-Sex Marriage: Making Sense of the Government's Litigation Strategy / Matthew HennigarPart 3: Citizenship and Identity12 Bills of Rights as Instruments of Nation Building in Multinational States: The Canadian Charter and Quebec Nationalism / Sujit Choudhry13 The Internal Exile of Quebecers in the Canada of the Charter / Guy Laforest14 The Road Not Taken: Aboriginal Rights after the Re-Imagining of the Canadian Constitutional Order / Kiera L. Ladner and Michael McCrossanConclusion15 The Charter and Canadian Democracy / Peter H. RussellNotesIndex
