Constitutional Amendment in Canada

Acknowledgment

Introduction ‒ Striking a Balance: The Players and Procedures of Canada’s Constitutional Amending Formula
Emmett Macfarlane

Part One: The Players

1 Searching for an Amending Formula: The 115-year Journey
Nadia Verrelli

2 Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982
Adam Dodek

3 The Federal Principle: Constitutional Amendment and Intergovernmental Relations
Carissima Mathen

4 Part II and Part V: Aboriginal Peoples and Constitutional Amendment
Christa Scholtz

Part Two: The Procedures

5 Constitutional Amendment by Legislation
Warren J. Newman

6 U2: Unanimity vs. Unilateralism in Canada’s Politics of Constitutional Amendment
Rainer Knopff

7 Understanding the Section 43 Bilateral Amending Formula
Dwight Newman

8 The Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec
Emmanuelle Richez

9 The End of Informal Constitutional Change in Canada?
Dennis Baker and Mark D. Jarvis

Part Three: The Issues

10 DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada
Erin Crandall

11 The Uncertain Future of Senate Reform
Emmett Macfarlane

12 The Crown and Constitutional Amendment after the Senate and Supreme Court References
Philippe Lagassé and Patrick Baud

13 “The Most Radical Amendment of All”: The Power to Secede and the Secession Reference
Kate Puddister

Conclusion: The Future of Canadian Constitutional Amendment
Emmett Macfarlane

Appendix: Text of Part V of the Constitution Act, 1982

Selected Bibliography

Contributors

Index