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Full Description
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
IntroductionRichard Albert, Paul Daly, and Vanessa MacDonnell1. The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian GovernmentMary Liston2. The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential StraitjacketEmmett Macfarlane3. Section 96: Striking a Balance between Legal Centralism and Legal PluralismPaul Daly4. Canada's "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case StudyWade K. Wright5. Cooperative Federalism in Canada and Quebec's Changing AttitudesNoura Karazivan6. Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two QuestionsHoward Kislowicz7. Collective Diversity and Jurisdictional Accommodations in Constitutional PerspectiveAsha Kaushal8. Difference and Inclusion: Reframing Reasonable AccommodationVrinda Narain9. Freeing Inherent Aboriginal Rights from the PastDavid Milward10. False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential SchoolsSujith Xavier11. The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and PrivateDwight Newman12. A Role for Human Dignity under the Canadian Charter of Rights and FreedomsEmily Kidd White13. Is the Permanent Campaign the End of the Egalitarian Model for Elections?Michael Pal14. Immutability, Immigration Status, and the Limits of Equality ProtectionEfrat Arbel and Eileen MyrdahlContributorsIndex
