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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Contents

The Constitution of Canada in a New Key
3
1 The Most Opaque Branch? The Unaccountable Growth of Executive Power in Modern Canadian Government
19
Examining Our Legal Political and Jurisprudential Straitjacket
60
Striking a Balance between Legal Centralism and Legal Pluralism
84
Provincial Nonenforcement of Constitutionally Suspect Federal Criminal Laws as Case Study
103
5 Cooperative Federalism in Canada and Quebecs Changing Attitudes
136
Two Tensions Two Questions
167
7 Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective
193
10 False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools
270
Public Indigenous and Private
288
12 A Role for Human Dignity under the Canadian Charter of Rights and Freedoms
310
13 Is the Permanent Campaign the End of the Egalitarian Model for Elections?
338
14 Immutability Immigration Status and the Limits of Equality Protection
365
Contributors
387
Index of Cases and Statutes
389
Index of Names
399

Reframing Reasonable Accommodation
216
9 Freeing Inherent Aboriginal Rights from the Past
245

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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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