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Constitutional Amendment in Canada

Edited by Emmett Macfarlane

© 2016

In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system.

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada. Emmett Macfarlane has brought together a group of expert authors to address such topics as the difficulties of constitutional reform, the intersection of various levels of government and the judiciary, and the ability of the public to veto proposed changes. Filling a serious gap in the literature, Constitutional Amendment in Canada is an authoritative study of the historical and contemporary implications of the amending formula.

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  • World Rights
  • Page Count: 352 pages
  • Dimensions: 6.0in x 0.0in x 9.0in
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Quick Overview

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada.

Constitutional Amendment in Canada

Edited by Emmett Macfarlane

© 2016

In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system.

Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada. Emmett Macfarlane has brought together a group of expert authors to address such topics as the difficulties of constitutional reform, the intersection of various levels of government and the judiciary, and the ability of the public to veto proposed changes. Filling a serious gap in the literature, Constitutional Amendment in Canada is an authoritative study of the historical and contemporary implications of the amending formula.

Continue Reading Read Less

Product Details

  • World Rights
  • Page Count: 352 pages
  • Dimensions: 6.0in x 0.0in x 9.0in

  • Reviews

    ‘Constitutional Amendment in Canada provides interesting food for thought on the limits of constitutional growth through formal constitutional amendment.’


    Peter Russell
    Canadian Parliamentary Review vol 40:02:2017

    "The contributions to this volume are exemplary and bring a multitude of perspectives to Canada’s plural formula for constitutional amendment."


    David E. Smith, Distinguished Visiting Scholar, Department of Politics and Public Administration, Ryerson University

  • Author Information

    Emmett Macfarlane is an associate professor in the Department of Political Science at the University of Waterloo.

  • Table of contents

    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

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