9781487503949 (hardcover) 1487503946 (hardcover) 9781487523022 (softcover) 1487523025 (softcover)
"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."-- Provided by publisher.
Includes table of cases.
Bibliography, etc. Note
Includes bibliographical references and indexes.
Formatted Contents Note
The most opaque branch? The (un)accountable growth of executive power in modern Canadian government / Mary Liston The future of constitutional change in Canada : examining our legal, political, and jurisprudential straitjacket / Emmett Macfarlane Section 96 : striking a balance between legal centralism and legal pluralism / Paul Daly Canada's "constitution outside the courts" : provincial non-enforcement of constitutionally suspect federal criminal laws as case study / Wade K. Wright Cooperative federalism in Canada and Quebec's changing attitudes / Noura Karazivan Religious and political communities in the Canadian judicial imagination : two tensions, two questions / Howard Kislowicz Collective diversity and jurisdictional accommodations in constitutional perspective / Asha Kaushal Difference and inclusion : reframing reasonable accommodation / Vrinda Narain Freeing inherent Aboriginal rights from the past / David Milward False Western universalism in constitutionalism? The 1867 Canadian Constitution and the legacy of the residential schools / Sujith Xavier The unstable scope of constitutionalized property rights in Canada : public, indigenous, and private / Dwight Newman A role for human dignity under the Canadian Charter of Rights and Freedoms / Emily Kidd White Is the permanent campaign the end of the egalitarian model for elections? / Michael Pal Immutability, immigration status, and the limits of equality protection / Efrat Arbel and Eileen Myrdahl.
KC203 .C3665 2019
Toronto ; Buffalo ; London : University of Toronto Press,