Constitutional Politics in Canada and the United States


Book Description

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.




Constitutional Politics and the Territorial Question in Canada and the United Kingdom


Book Description

This book compares the constitutional politics in Canada and the United Kingdom – two complex, multilevel, plurinational states. While the former is federal and the latter a devolved state, the logic of both systems is similar: to combine unity with diversity. Both are facing similar challenges in a world marked by spatial rescaling, international interdependence and economic and social change. The contributors chart these challenges and the responses of the two countries, covering the meanings of federalism and devolution; the role of the courts; fiscal equalization; welfare; party politics; reform by popular referendum and citizen assemblies; and intergovernmental relations. The book will be of interest to students of federalism and multilevel government, state transformation territorial politics on both sides of the Atlantic.




Essential Readings in Canadian Constitutional Politics


Book Description

Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.




The Oxford Handbook of Canadian Politics


Book Description

The Oxford Handbook of Canadian Politics provides a comprehensive overview of the transformation that has occurred in Canadian politics since it acheived autonomy nearly a century ago, examining the institutions and processes of Canadian government and politics at the local, provincial and federal levels. It analyzes all aspects of the Canadian political system: the courts, elections, political parties, Parliament, the constitution, fiscal and political federalism, the diffusion of policies between regions, and various aspects of public policy.




Constitutional Politics in Multinational Democracies


Book Description

Constitutional politics is exceptionally intense and unpredictable. It involves negotiations over the very nature of the state and the implications of self- determination. Multinational democracies face pressing challenges to the existing order because they are composed of communities with distinct cultures, histories, and aspirations, striving to coexist under mutually agreed-upon terms. Conflict over the recognition of these multiple identities and the distribution of power and resources is inevitable and, indeed, part of what defines democratic life in multinational societies. In Constitutional Politics in Multinational Democracies André Lecours, Nikola Brassard-Dion, and Guy Laforest bring together experts on multinational democracies to analyze the claims of minority nations about their political future and the responses they elicit through constitutional politics. Essays focus on the nature of these states and the actors and political process within them. This framework allows for a multidimensional examination of crucial political periods in these democracies by assessing what constitutional politics is, who is involved in it, and how it happens. Case studies include Catalonia and Spain, Puerto Rico and the United States, Scotland and the United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the Métis People in Canada. Theoretically significant and empirically rich, Constitutional Politics in Multinational Democracies is a necessary read for any student of multinationalism.




Myth of the Sacred


Book Description

A critical look at the interaction of constitutional litigation and politics in Canada following the entrenchment of the Canadian Charter of Rights and Freedoms in 1982.







Policy Change, Courts, and the Canadian Constitution


Book Description

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.




Canada in the World


Book Description

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.




Federalism in Canada


Book Description

"Federalism in Canada tells the turbulent story of shared sovereignty and divided governance from Confederation to the present time. It does so with three main objectives in mind. The first objective is to convince readers that federalism is the primary animating force in Canadian politics, and that it is therefore worth engaging with its complex nature and dynamic. The second objective is to bring into closer focus the contested concepts about the meaning and operation of federalism that all along have been at the root of the divide between English Canada and Quebec in particular. The third objective is to give recognition to the trajectory of Canada's Indigenous peoples in the context of Canadian federalism, from years of abusive neglect to belated efforts of inclusion. The book focuses on the constitution with its ambiguous allocation of divided powers, the pivotal role of the courts in balancing these powers, and the political leaders whose interactions oscillate between intergovernmental conflict and cooperation. This focus on executive leadership and judicial supervision is framed by considerations of Canada's regionalized political economy and cultural diversity, giving students an interesting and nuanced view of federalism in Canada."--