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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.
List of contents
Introduction: the values of Canadian constitutionalism Richard Albert; Part I. Federalism and Pluralism in Canadian Constitutionalism: 1. Diversity and the rule of law: a Canadian perspective Rt. Hon. Beverley McLachlin, P.C.; 2. Misconceiving federalism: Canada and the federal idea Stephen Tierney; 3. Political dynamics in Quebec: charting concepts and imagining political avenues Alain-G. Gagnon; 4. Indigenous peoples and the Canadian state: the prospects of a postcolonial constitutional pluralism Patrick Macklem; 5. Legality, legitimacy and constitutional amendment in Canada Jamie Cameron; 6. Constituting citizens: oaths, gender, religious attire Ayelet Shachar; Part II. The Court in Canadian Constitutionalism: 7. The judicial constitutionalization of politics in Canada and other contemporary democracies: comparing the Canadian secession case to South Africa's death penalty case and Israel's landmark Migdal constitutional case Michel Rosenfeld; 8. Originalism in Australia and Canada: why the divergence? Jeffrey Goldsworthy and Grant Huscroft; 9. Rights inflation in Canada and the United States Mark Tushnet; 10. Substantive equality past and future: the Canadian charter experience Catharine A. MacKinnon; 11. Canadian constitutional law of freedom of expression Adrienne Stone; 12. The judicial, legislative and executive roles in enforcing the constitution: three Manitoba stories Kent Roach; Part III. The Global Impact of Canadian Constitutionalism: 13. Going global? Canada as importer and exporter of constitutional thought Ran Hirschl; 14. Exporting dialogue: critical reflections on Canada's 'commonwealth' model of human rights protections Alison Young; 15. The European court of human rights and the Canadian case-law Lech Garlicki; 16. Canadian rights discourse travels to the East: referencing to Canadian charter case laws by Hong Kong's court of final appeal and Taiwan's constitutional court Wen-Chen Chang; 17. The Canadian charter, South Africa and the paths of constitutional influence Heinz Klug; Conclusion: 18. The court and constitution in the world David R. Cameron.
About the author
Richard Albert is Professor of Law at the University of Texas, Austin. Previously, he was Professor of Law at Boston College Law School, with visiting appointments at Yale University, Connecticut, Externado University of Colombia, University of Toronto, and Interdisciplinary Center Herzliya (IDC Herzliya). A graduate of Yale, Harvard and Oxford Universities, he formerly served as law clerk to the Chief Justice of Canada.David R. Cameron is Professor of Political Science at Yale University, Connecticut, and the Director of the Yale Program in European Union Studies. He has written extensively in the field of comparative political economy and the impact on states of globalization, including a book, co-edited with Gustav Ranis and Annalisa Zinn, entitled Globalization and Self-Determination: Is the Nation-State under Siege? (2012).
Summary
Marking the Sesquicentennial of Confederation in Canada, scholars and jurists discuss the evolution of the Canadian Constitution over the past 150 years, the role of the Supreme Court in interpreting the Constitution, and the growing influence of both Constitution and Court on other courts dealing with the most challenging issues of the day.
