Full Description
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
Introduction: the values of Canadian constitutionalism Richard Albert; Part I. Federalism and Pluralism in Canadian Constitutionalism: 1. Diversity and the rule of law: a Canadian perspective Rt. Hon. Beverley McLachlin, P.C.; 2. Misconceiving federalism: Canada and the federal idea Stephen Tierney; 3. Political dynamics in Quebec: charting concepts and imagining political avenues Alain-G. Gagnon; 4. Indigenous peoples and the Canadian state: the prospects of a postcolonial constitutional pluralism Patrick Macklem; 5. Legality, legitimacy and constitutional amendment in Canada Jamie Cameron; 6. Constituting citizens: oaths, gender, religious attire Ayelet Shachar; Part II. The Court in Canadian Constitutionalism: 7. 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; 8. Originalism in Australia and Canada: why the divergence? Jeffrey Goldsworthy and Grant Huscroft; 9. Rights inflation in Canada and the United States Mark Tushnet; 10. Substantive equality past and future: the Canadian charter experience Catharine A. MacKinnon; 11. Canadian constitutional law of freedom of expression Adrienne Stone; 12. The judicial, legislative and executive roles in enforcing the constitution: three Manitoba stories Kent Roach; Part III. The Global Impact of Canadian Constitutionalism: 13. Going global? Canada as importer and exporter of constitutional thought Ran Hirschl; 14. Exporting dialogue: critical reflections on Canada's 'commonwealth' model of human rights protections Alison Young; 15. The European court of human rights and the Canadian case-law Lech Garlicki; 16. 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; 17. The Canadian charter, South Africa and the paths of constitutional influence Heinz Klug; Conclusion: 18. The court and constitution in the world David R. Cameron.
