The Canadian Constitution in Transition

Edited by Richard Albert, Paul Daly, and Vanessa A. MacDonnell

© 2018

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.

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Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 383 pages
  • Dimensions: 6.0in x 1.0in x 9.0in
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Quick Overview

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

Edited by Richard Albert, Paul Daly, and Vanessa A. MacDonnell

© 2018

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.

Continue Reading Read Less

Product Details

  • Division: Scholarly Publishing
  • World Rights
  • Page Count: 383 pages
  • Dimensions: 6.0in x 1.0in x 9.0in
  • Reviews

    "The Canadian Constitution in Transition seeks to move beyond familiar frameworks in the study of the Canadian Constitution, searching for fresh insights enriched by critical, sociological, and global perspectives. Filled with illuminating analyses offered by emerging leaders in the field, the result is a collection that points us in new and exciting directions in Canadian constitutional scholarship." 


    Benjamin L. Berger, Professor, Osgoode Hall Law School, York University

    "The Canadian Constitution in Transition is a strong volume comprised of thoughtful and interesting research. Featuring fresh and emerging voices in the field, this collection will contribute to both the richness and the direction of scholarship on the Canadian Constitution."


    Michael Plaxton, Faculty of Law, University of Saskatchewan
  • Author Information

    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 Queens' 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