Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation, and Theory
Anthony Arthur Peacock
Oxford University Press, 1996 - Political Science - 286 pages
The Charter of Rights and Freedoms has had far-reaching consequences for Canadian law, politics, and society. In fact, the problems that plagued constitutional reform in the late 1980s and early 1990s and that resulted in the demise of the Charlottetown Accord as well as of the federal Progressive Conservative Party seem to have been closely related to the politics of judicial review under the Charter. Was there a common thread linking the problems of Canadian constitutional reform,interpretation and theory? The contributors to this book believe that there was, and the thirteen essays contained in this book attempt to rethink these themes from the point of view of Canadian liberal constitutionalism. These rigorously argued essays combine legal, political, historical, and philosophical analysis with critiques of the Supreme Court's Charter decisions, the preoccupation with 'rights talk' in Canadian politics and society at large, and other recent developments in constitutional law and politics.
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CHRISTOPHER P MANFREDI
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affirmative action amendment argue articulation Bertha Wilson Bill of Rights British North America Canada Act 1982 Canadian Charter Charlottetown Accord Charter of Rights citizens Constitution Act constitutional reform Court of Canada Court Party criminal culture decision democracy democratic override discrimination distinction economic elite English ethnic evidence example existence F.L. Morton federal French human rights legislation Ibid idea individual rights institutions interpretation issues Joel Bakan judges judicial power judicial review judiciary Justice language lawyers legislature liberal constitutionalism liberty limits litigation Manfredi means ment modern moral multiculturalism natural rights negative rights notwithstanding clause Ontario orthodoxy Ottawa Parliament Pierre Elliott Trudeau political correctness positive rights Press principles problem proposals protection provinces Quebec Quebec nationalism question Rainer Knopff reason regime Rights and Freedoms rule section 15 section 33 social charter society status substantive Supreme Court tion tional Tocqueville Toronto traditional Trudeau University vision women
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