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The Canadian Constitution in Transition

The Canadian Constitution in Transition

by Richard Albert, Paul Daly and Vanessa MacDonnell

Published by: University of Toronto Press

Digital download
9781487519117
Published: March 2019

Digital download
9781487519124
Published: March 2019

Description
Contents
Authors

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.

Introduction: The Constitution of Canada in a New Key
Richard Albert, Paul Daly, and Vanessa MacDonnell

1. The Most Opaque Branch? The (Un)accountable Growth of Executive Power in Modern Canadian Government
Mary Liston

2. The Future of Constitutional Change in Canada: Examining Our Legal, Political, and Jurisprudential Straitjacket
Emmett Macfarlane

3. Section 96: Striking a Balance between Legal Centralism and Legal Pluralism
Paul Daly

4. Canada’s "Constitution outside the Courts": Provincial Non-enforcement of Constitutionally Suspect Federal Criminal Laws as Case Study
Wade K. Wright

5. Cooperative Federalism in Canada and Quebec’s Changing Attitudes
Noura Karazivan

6. Religious and Political Communities in the Canadian Judicial Imagination: Two Tensions, Two Questions
Howard Kislowicz

7. Collective Diversity and Jurisdictional Accommodations in Constitutional Perspective
Asha Kaushal

8. Difference and Inclusion: Reframing Reasonable Accommodation
Vrinda Narain

9. Freeing Inherent Aboriginal Rights from the Past
David Milward

10. False Western Universalism in Constitutionalism? The 1867 Canadian Constitution and the Legacy of the Residential Schools
Sujith Xavier

11. The Unstable Scope of Constitutionalized Property Rights in Canada: Public, Indigenous, and Private
Dwight Newman

12. A Role for Human Dignity under the Canadian Charter of Rights and Freedoms
Emily Kidd White

13. Is the Permanent Campaign the End of the Egalitarian Model for Elections?
Michael Pal

14. Immutability, Immigration Status, and the Limits of Equality Protection
Efrat Arbel and Eileen Myrdahl

Contributors
Index

Richard Albert is the William Stamps Farish Professor in Law, professor of government, and director of constitutional studies at the University of Texas at Austin.

Vanessa A. MacDonnell is an associate professor in the Faculty of Law and a co-director of the Public Law Centre at the University of Ottawa.