Constitutional Law

"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

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.

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution.

The system of principles and fundamental law, written and unwritten, which defines the powers of government, allocates powers between different political institutions, protects individual and group rights, and recognizes certain fundamental political values. In Canada, examples of constitutional law include the Constitution of Canada, constitutional conventions, and many statutes, orders in council, proclamations, and court decisions of a constitutional nature.

More than thirty years ago, section 35 of the Constitution Act recognized and affirmed "the existing aboriginal and treaty rights of the aboriginal peoples of Canada." Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition.

The book is intended as a rigorous legal resource, but one that is accessible to a non-legal audience. It has multidisciplinary appeal, incorporating public administration and political science themes. The Laws of Government is essential reading for journalists, elected officials, public servants, lobbyists and all who are interested in politics and Canadian democracy.

This title provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law.

La Constitution canadienne est un livre introductif sur la loi suprême du pays. La Constitution canadienne rend la loi suprême du pays plus facilement accessible aux lecteurs. Le livre comprend des commentaires visant à expliquer le sens des dispositions des lois constitutionnelles de 1867 et de 1982, un glossaire des termes clés, une brève histoire de la Constitution et une chronologie des événements marquants. De plus, La Constitution canadienne explique le fonctionnement de la Cour suprême du Canada et présente les acteurs et les enjeux liés aux plus importantes décisions constitutionnelles.

This volume brings together essays by many of the leading scholars of comparative constitutional design from many perspectives to collectively assess what we know - and do not know - about the design process as well as particular institutional choices concerning executive power, constitutional amendment processes and many other issues.

Recent years have witnessed an explosion of new research on constitution-making. Comparative Constitution Making provides an up-to-date overview of this rapidly expanding field. Bringing together leading scholars from political science and comparative public law, this handbook presents a broad historical and geographical perspective, exploring debates on constitutionalism across the world.

This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism.

This thoroughly revised edition of Canada and the United States: Differences that Count continues to address, in a timely way, key institutions and policy areas, adding new chapters on welfare, race and public policy, values, demography, crime, the environment, conflict resolution, and federalism. Data sources for further research have also been included.

This study focuses on territorial autonomy, which is often used in different conflict-resolution and minority situations. Four typical elements are identified on the basis of the historical example of the Memel Territory and the so-called Memel case of the PCIJ; distribution of powers, participation through elections and referendums, executive power of territorial autonomy, and international relations. These elements are used for a comparative analysis of the constitutional law that regulates the position of six currently existing special jurisdictions, the Åland Islands in Finland, Scotland in the United Kingdom, Puerto Rico in the United States of America, Hong Kong in China, Aceh in Indonesia and Zanzibar in Tanzania.

The Constitution of Independence is a contribution to the newly rejuvenated subject of comparative Commonwealth constitutional law, politics, and history. In Australia, Canada, and New Zealand, a series of fascinating developments have been under way for more than a decade, characterized byindependent thinking, experimentation, and cross-Commonwealth borrowing of constitutional ideas. These include the final termination of constitutional ties with the United Kingdom Parliament and the emergence of controversial issues including variablyentrenched or implied rights and freedoms; wide-ranging claims by indigenous peoples; republicanism; and assertions of national, popular, and sectional sovereignty.