Rethinking the Constitution: Perspectives on Canadian Constitutional Reform, Interpretation and Theory

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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...
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Overview


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.
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Product Details

  • ISBN-13: 9780195411782
  • Publisher: Oxford University Press, USA
  • Publication date: 5/16/1996
  • Pages: 320
  • Product dimensions: 6.00 (w) x 8.90 (h) x 0.80 (d)

Table of Contents

Acknowledgements
Introduction: The Necessity of Rethinking the Constitution
1 A Lament for British North America 3
2 Trudeau's Moral Vision 17
3 On the Virtues of a Limited Constitution: Why Canadians Were Right to Reject the Charlottetown Accord 40
4 Canada's Court Party 63
5 The Language of Rights and the Crisis of the Liberal Imagination 88
6 Rights and Wrongs in the Canadian Charter 103
7 Strange Brew: Tocqueville, Rights, and the Technology of Equality 122
8 What's the Evidence? The Use the Supreme Court of Canada Makes of Evidence in Charter Cases 161
9 Disclosure after Stinchcombe 177
10 Penumbras for the People: Placing Judicial Supremacy Under Popular Control 186
11 Theoretical Perspectives on Constitutional Reform in Canada 217
12 "Political Correctness" and the Constitution: Nature and Convention Re-examined 233
13 Reconstituting Democracy: Orthodoxy and Research in Law and Social Science 249
Postcript: The 1995 Quebec Referendum, Liberal Constitutionalism, and The Future of Canada 271
Notes Contributors 276
Index 279
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