Description
Book SynopsisThe Canadian Constitution in Transition reflects on the ideas that will shape the development of Canadian constitutional law in the decades to come.
Table of ContentsIntroduction: 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
