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The Canadian Constitution in Transition Richard Albert

The Canadian Constitution in Transition By Richard Albert

The Canadian Constitution in Transition by Richard Albert


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Summary

The Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come.

The Canadian Constitution in Transition Summary

The Canadian Constitution in Transition by Richard Albert

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.

About Richard Albert

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.

Table of Contents

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

Additional information

NLS9781487523022
9781487523022
1487523025
The Canadian Constitution in Transition by Richard Albert
New
Paperback
University of Toronto Press
2019-02-16
416
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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