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Look Inside Canada in the World

Canada in the World
Comparative Perspectives on the Canadian Constitution

$140.00 (C)

Part of Comparative Constitutional Law and Policy

Richard Albert, Beverley McLachlin, Stephen Tierney, Alain-G. Gagnon, Patrick Macklem, Jamie Cameron, Ayelet Shachar, Michel Rosenfeld, Jeffrey Goldsworthy, Grant Huscroft, Mark Tushnet, Catharine A. MacKinnon, Adrienne Stone, Kent Roach, Ran Hirschl, Alison Young, Lech Garlicki, Wen-Chen Chang, Heinz Klug, David R. Cameron
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  • Date Published: November 2017
  • availability: In stock
  • format: Hardback
  • isbn: 9781108419734

$ 140.00 (C)
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About the Authors
  • In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.

    • Explores the evolution of the Canadian Constitution since the formation of the country in the British North America Act 1867
    • Presents the Canadian Constitution and jurisprudence from a comparative perspective
    • Considers both the provisions of the Constitution, including the Charter of Rights and Freedoms, and the decisions of the Supreme Court as potential influences on other constitutional courts and their justices
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    Product details

    • Date Published: November 2017
    • format: Hardback
    • isbn: 9781108419734
    • length: 482 pages
    • dimensions: 235 x 160 x 28 mm
    • weight: 0.8kg
    • contains: 4 b/w illus.
    • availability: In stock
  • Table of Contents

    Introduction: the values of Canadian constitutionalism Richard Albert
    Part I. Federalism and Pluralism in Canadian Constitutionalism:
    1. Diversity and the rule of law: a Canadian perspective Rt. Hon. Beverley McLachlin, P.C.
    2. Misconceiving federalism: Canada and the federal idea Stephen Tierney
    3. Political dynamics in Quebec: charting concepts and imagining political avenues Alain-G. Gagnon
    4. Indigenous peoples and the Canadian state: the prospects of a postcolonial constitutional pluralism Patrick Macklem
    5. Legality, legitimacy and constitutional amendment in Canada Jamie Cameron
    6. Constituting citizens: oaths, gender, religious attire Ayelet Shachar
    Part II. The Court in Canadian Constitutionalism:
    7. The judicial constitutionalization of politics in Canada and other contemporary democracies: comparing the Canadian secession case to South Africa's death penalty case and Israel's landmark Migdal constitutional case Michel Rosenfeld
    8. Originalism in Australia and Canada: why the divergence? Jeffrey Goldsworthy and Grant Huscroft
    9. Rights inflation in Canada and the United States Mark Tushnet
    10. Substantive equality past and future: the Canadian charter experience Catharine A. MacKinnon
    11. Canadian constitutional law of freedom of expression Adrienne Stone
    12. The judicial, legislative and executive roles in enforcing the constitution: three Manitoba stories Kent Roach
    Part III. The Global Impact of Canadian Constitutionalism:
    13. Going global? Canada as importer and exporter of constitutional thought Ran Hirschl
    14. Exporting dialogue: critical reflections on Canada's 'commonwealth' model of human rights protections Alison Young
    15. The European court of human rights and the Canadian case-law Lech Garlicki
    16. Canadian rights discourse travels to the East: referencing to Canadian charter case laws by Hong Kong's court of final appeal and Taiwan's constitutional court Wen-Chen Chang
    17. The Canadian charter, South Africa and the paths of constitutional influence Heinz Klug
    Conclusion:
    18. The court and constitution in the world David R. Cameron.

  • Editors

    Richard Albert, Boston College, Massachusetts
    Richard Albert is Professor of Law at Boston College Law School, with visiting appointments at Yale University, Connecticut, Externado University of Colombia, University of Toronto, and Interdisciplinary Center Herzliya (IDC Herzliya). A graduate of Yale, Harvard and Oxford Universities, he formerly served as law clerk to the Chief Justice of Canada. As of 1st January 2018, he will be Professor of Law at the University of Texas, Austin.

    David R. Cameron, Yale University, Connecticut
    David R. Cameron is Professor of Political Science at Yale University, Connecticut, and the Director of the Yale Program in European Union Studies. He has written extensively in the field of comparative political economy and the impact on states of globalization, including a book, co-edited with Gustav Ranis and Annalisa Zinn, entitled Globalization and Self-Determination: Is the Nation-State under Siege? (2012).

    Contributors

    Richard Albert, Beverley McLachlin, Stephen Tierney, Alain-G. Gagnon, Patrick Macklem, Jamie Cameron, Ayelet Shachar, Michel Rosenfeld, Jeffrey Goldsworthy, Grant Huscroft, Mark Tushnet, Catharine A. MacKinnon, Adrienne Stone, Kent Roach, Ran Hirschl, Alison Young, Lech Garlicki, Wen-Chen Chang, Heinz Klug, David R. Cameron

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