Rethinking the constitution: perspectives on Canadian constitutional reform, interpretation, and theory

Rethinking the constitution: perspectives on Canadian constitutional reform, interpretation, and theory

Law of America > Law of Canada > Federal law. Common and collective provincial law Individual provinces and territories > Constitutional law > Constitutional law in general > Court decisions > “Reference cases.” Advisory opinions > KE4219

Edition Details

• Creator or Attribution (Responsibility): Anthony A. Peacock
• Language: English
• Jurisdiction(s): Ontario
• Publication Information: Don Mills, Ont. ; New York : Oxford University Press, ©1996
• Publication Type (Medium): Aufsatzsammlung
• Material: Internet resource
• Type: Book, Internet Resource
• Permalink: https://books.lawi.ca/rethinking-the-constitution-perspectives-on-canadian-constitutional-reform-interpretation-and-theory/ (Stable identifier)

Additional Format

Online version: Rethinking the constitution. Don Mills, Ont. ; New York: Oxford University Press, ©1996 (OCoLC)603941427

Short Description

XXIX, 286 pages ; 23 cm

Purpose and Intended Audience

Useful for students learning an area of law, Rethinking the constitution: perspectives on Canadian constitutional reform, interpretation, and theory is also useful for lawyers seeking to apply the law to issues arising in practice.

Research References

• Providing references to further research sources: Search

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Bibliographic information

• Responsable Person: edited by Anthony A. Peacock.
• Publication Date: 1996
• Copyright Date: 1996
• Location: Don Mills, Ont.
• Country/State: Ontario
• Number of Editions: 12 editions
• First edition Date: 1996
• Last edition Date: 1996
• Languages: English
• Library of Congress Code: KE4219
• Dewey Code: 347.102
• ISBN: 0195411781 9780195411782
• OCLC: 36245825

Publisher Description:

The interpretive enterprise of Charter review, and the symbolic politics it has generated have had consequences far beyond the purview of Canadian courts and the parties, to constitutional litigation. The problems that plagued constitutional reform in the late 1980s and early 1990s, and that
resulted in the demise of the Charlottetown Accord as well as of the federal Progressive Conservative Party itself, seemed intimately related to the politics of judicial review. Was there a common thread linking the problems of Canadian constitutional reform, interpretation, and theory? This work
addresses these themes with a VIew of rethinking them in the context of Canadian liberal constitutionalism.

Main Contents

Introduction: The Necessity of Rethinking the Constitution
Part I: Constitutional Reform
1. A Lament for British North America / Robert Martin
2. Trudeau's Moral Vision / H.D. Forbes
3. On the Virtues of a Limited Constitution: Why Canadians Were Correct to Reject the Charlottetown Accord / Christopher P. Manfredi
Part II: Constitutional Interpretation
4. Canada's Court Party / Rainer Knopff and F.L. Morton
5. The Language of Rights and the Crisis of the Liberal Imagination / Bradley C.S. Watson
6. Rights and Wrongs in the Canadian Charter / Karen Selick
7. Strange Brew: Tocqueville, Rights, and the Technology of Equality / Anthony A. Peacock
8. What's the Evidence? The Use of the Supreme Court of Canada Makers of Evidence in Charter Cases / John T. Pepall
9. Disclosure after Stinchcombe / Gerald Owen
10. Placing Judicial Supremacy Under Popular Control / Scott Reid
Part III: Constitutional Theory
11. Theoretical Perspectives on Constitutional Reform in Canada / Barry Cooper
12. 'Political Correctness' and the Constitution: Nature and Convention Re-examined / Tom Darby and Peter C. Emberley
13. Reconstructing Democracy: Orthodoxy and Research in Law and Social Science / Robert Martin
Postscript: The 1995 Quebec Referendum, Liberal Constitutionalism, and The Future of Canada
Notes on Contributors
Index.

Table of Contents

Introduction: The Necessity of Rethinking the Constitution
Part I: Constitutional Reform
1. A Lament for British North America, Robert Martin
2. Trudeau's Moral Vision, H.D. Forbes
3. On the Virtues of a Limited Constitution: Why Canadians Were Correct to Reject the Charlottetown Accord, Christopher P. Manfredi
Part II: Constitutional Interpretation
4. Canada's Court Party, Rainer Knopff and F.L. Morton
5. The Language of Rights and the Crisis of the Liberal Imagination, Bradley C.S. Watson
6. Rights and Wrongs in the Canadian Charter, Karen Selick
7. Strange Brew: Tocqueville, Rights, and the Technology of Equality, Anthony A. Peacock
8. What's the Evidence? The Use of the Supreme Court of Canada Makers of Evidence in Charter Cases, John T. Pepall
9. Disclosure after Stinchcombe, Gerald Owen
10. Placing Judicial Supremacy Under Popular Control, Scott Reid
Part III: Constitutional Theory
11. Theoretical Perspectives on Constitutional Reform in Canada, Barry Cooper
12. 'Political Correctness' and the Constitution: Nature and Convention Re-examined, Tom Darby and Peter C. Emberley
13. Reconstructing Democracy: Orthodoxy and Research in Law and Social Science, Robert Martin
Postscript: The 1995 Quebec Referendum, Liberal Constitutionalism, and The Future of Canada
Notes on Contributors
Index

Structured Subjects (Headings):

• Canada
• Canadian Charter of Rights and Freedoms (Canada)
• Constitutional amendments
• Constitutional history
• Constitutional law
• Constitutional law–Amendments
• Law reform

Unstructured Subjects (Headings):

• Canada
• Constitutional law
• Law reform

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This entry was last updated: April 27, 2016