The Constitution of Canada: A Contextual Analysis

Description

The first edition of this text quickly established itself as the classic introduction to the Canadian constitution. Setting it in its historical context, noting especially the complex interaction of national and regional societies, it shows how the constitution continues to morph and shape itself. These changes are explored through key constitutional themes: democracy; parliamentarism; the rule of law; federalism; human rights; and Indigenous rights, and describes the country that has resulted from the interplay of these themes. Clarity of expression and explanation, which never veers into simplicity, combined with the author’s expertise, make this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works. Acknowledgements Table of Contents Table of Cases Table of Legislation 1. Introduction 2. The Making of the Canadian Constitution I. Pre-Confederation Canada II. Post-confederation Canada III. The Contemporary Canadian Constitution:
Patriation and its Aftermath IV. Conclusion Selected Reading 3. The Legislative Power I. Parliamentary Sovereignty II. Canadian Parliaments III. The Legislative Process IV. Parliamentary Office-holders V. Parliamentary Privileges and Immunities VI. Public Participation in the Legislative Process VII. Elections VIII. Reform of the Legislative Process IX. Conclusion Selected Reading 4. The Executive Power I. Responsible Government II. Structure of the Executive III. The Rule of Law IV. Conclusion Selected Reading 5. The Judiciary I. Court Structure II. Judicial Independence III. Supreme Court of Canada as a Constitutional Court IV. Conclusion Selected Reading 6. Federalism I. Visions of the Canadian Federation II. Principles of Interpretation of the Division of Powers III. Federal and Provincial Powers IV. Interprovincial Confl icts V. Cooperative Federalism VI. Conclusion Selected Reading 7. Rights and Freedoms I. The Universe of Rights Protections in Canada II. Canadian Charter of Rights and Freedoms III. Conclusion Selected Reading 8. Indigenous Peoples I. Constitution Act 1982, Section 35 II. Federal/Provincial Authority, Fiduciary Obligations,
and the Honour of the Crown III. Treaties IV. Self-government V. Resurgence of Indigenous Jurisdictions VI. Conclusion Selected Reading 9. Conclusion Selected Reading Index