Canadian Constitution in Transition

Front Cover
Richard Albert, Paul Daly, Vanessa A. MacDonnell
University of Toronto Press, Jan 1, 2019 - Law - 416 pages

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.


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The Constitution of Canada in a New Key
1 The Most Opaque Branch? The Unaccountable Growth of Executive Power in Modern Canadian Government
Examining Our Legal Political and Jurisprudential Straitjacket
Striking a Balance between Legal Centralism and Legal Pluralism
Provincial Nonenforcement of Constitutionally Suspect Federal Criminal Laws as Case Study
5 Cooperative Federalism in Canada and Quebecs Changing Attitudes
Two Tensions Two Questions
7 Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective
10 False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools
Public Indigenous and Private
12 A Role for Human Dignity under the Canadian Charter of Rights and Freedoms
13 Is the Permanent Campaign the End of the Egalitarian Model for Elections?
14 Immutability Immigration Status and the Limits of Equality Protection
Index of Cases and Statutes
Index of Names

Reframing Reasonable Accommodation
9 Freeing Inherent Aboriginal Rights from the Past

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About the author (2019)

Richard Albert is Professor of Law at The University of Texas at Austin and, in 2017-18, Distinguished Visiting Professor at the Faculty of Law at the University of Toronto.

Paul Daly is a University Senior Lecturer in Public Law at University of Cambridge and the Derek Bowett Fellow in Law at Queen's College, Cambridge.

Vanessa A. MacDonnell is Associate Professor in the Faculty of Law at the University of Ottawa.

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