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The Constitution of Canada: A Contextual Analysis de Professor Jeremy Webber

The Constitution of Canada: A Contextual Analysis: Constitutional Systems of the World

Autor Professor Jeremy Webber
en Limba Engleză Paperback – 28 iul 2021
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, makes this the ideal starting point for the student or comparative lawyer keen to gain a strong understanding of how Canadian democracy and government works.
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Specificații

ISBN-13: 9781509947171
ISBN-10: 1509947175
Pagini: 296
Dimensiuni: 138 x 216 mm
Greutate: 0.39 kg
Ediția:2
Editura: Bloomsbury Publishing
Colecția Hart Publishing
Seria Constitutional Systems of the World

Locul publicării:London, United Kingdom

Caracteristici

The leading introduction to the Canadian constitution, updated throughout

Notă biografică

Jeremy Webber is Professor of Law, University of Victoria, British Columbia, Canada.

Cuprins

1. Introduction 2. The Making of the Canadian Constitution I. Pre-confederation Canada A. Founding of British North America B. Conflict, Rebellion, and Responsible Government II. Post-confederation Canada A. Territorial Extension B. From Colony to Nation C. Canada's Economic Evolution D. Provincialism, Regionalism, and Canadian Nationhood E. Federalism and the French Canadians F. Multicultural Canada G. Indigenous Rights III. The Contemporary Canadian Constitution: Patriation and its Aftermath A. Constitution Act 1982 B. Negotiations after Patriation C. 1995 Referendum on Quebec Sovereignty and the Secession Reference D. 'Administrative Measures' IV. Conclusion Selected Reading 3. The Legislative Power I. Parliamentary Sovereignty A. Principle B. Internal Limitations on Parliamentary SovereigntyC. Limitation (or Abandonment?) of Parliamentary Sovereignty II. Canadian Parliaments A. Parliament of Canada B. Provincial Legislatures C. Other Legislative Bodies 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 A. Principle B. Formation of Governments C. Responsible Government as a Constitutional Convention II. Structure of the Executive A. Governor General and Lieutenant Governors B. Prime Minister and Cabinet C. Ministers and their Departments D. Government Agencies, Crown Corporations, and Administrative Tribunals III. The Rule of Law A. Legal Foundations of Executive Authority B. Executive Privileges and Immunities C. Institutionalization of the Rule of Law IV. Conclusion 0Selected Reading 5. The Judiciary I. Court StructureA. Superior Courts B. Federal Court C. Provincial Courts D. Administrative Tribunals E. Supreme Court of CanadaII. Judicial Independence A. Constitution Act 1867, Sections 99 and 100 B. Constitution Act 1982, Section 11(d) C. Implied Principle of Judicial Independence III. Supreme Court of Canada as a Constitutional Court A. References and Justiciability B. Parties, Intervenors, Representation, and Evidence C. Constitutional Remedies and Stare Decisis IV. Conclusion Selected Reading 6. Federalism I. Visions of the Canadian Federation A. Canada as a Quasi-FederationB. Compact versus Statute? C. Quebec's Distinct Society versus the Equality of the Provinces D. Comparisons to the European Union E. Conclusion II. Principles of Interpretation of the Division of Powers III. Federal and Provincial Powers A. Peace, Order, and Good Government B. 'Property and Civil Rights' and 'Matters of a Merely Local or Private Nature' C. Federal Economic Powers D. Criminal Law Power E. Social LegislationF. Citizenship, International Affairs, and Defence G. Provincial Authority Over Public Lands H. Fiscal Relations, Taxation, Equalization, and the Spending Power IV. Interprovincial Conflicts V. Cooperative FederalismVI. Conclusion Selected Reading 7. Rights and Freedoms I. The Universe of Rights Protections in Canada A. Legislative Support of Rights B. Courts and Rights before the Charter C. Executive Enforcement of RightsII. Canadian Charter of Rights and Freedoms A. Application and Structure B. Substance of Rights and Freedoms under the Charter III. Conclusion Selected Reading 8. Indigenous Peoples I. Constitution Act 1982, Section 35 A. Adoption of Section 35 B. Indigenous Rights to Land and Resources C. Effect of Section 35 D. Haida and the Turn Towards Interim Measures II. Federal/Provincial Authority, Fiduciary Obligations, and the Honour of the Crown A. Constitutional Authority with Respect to Indigenous Peoples B. Fiduciary Duties and the Honour of the Crown III. Treaties IV. Self-government V. Resurgence of Indigenous Jurisdictions VI. Conclusion Selected Reading 9. Conclusion Selected Reading

Recenzii

This book is an umbrella of fundamental principles, covering flexibility, accommodation and negotiation necessary to enable members of a constitutional community who may disagree on issues but who want to remain bound together within a country and society. Impressive!
The Constitution of Canada is a masterpiece - an outstanding and original study of the Canadian constitutional experience by one of Canada's leading legal scholars. Webber explains the history, characteristics and resourcefulness of the living constitution in non-technical and illuminating language. He also shows how the constitution is shaped by the engagement and interaction of the diverse people of Canada, who are simultaneously subjects and active citizens of it - a dynamic he calls "agonistic constitutionalism."
Jeremy Webber has given us a rich, contextual account of Canada's constitution. Webber moves beyond the confines of constitutional texts and judicial decisions and grounds his account in the circumstances of the country's history. Only such an account can capture the deep diversity that is the hallmark of Canada's constitutional culture.
This is an excellent book. It provides relevant sociological context and outlines major elements of Canadian constitutional history and law. It does so in a very clear and accessible fashion, yet one that is never reductive or simplistic.
This is a great book: well-written, concise, easy to understand. It covers all of the basics about the organization of the Canadian state that undergraduate students need to know.
The text provides a concise review of constitutional history and principles that will help students situate the issue of democratic policing, a fundamental concept when teaching policing in Canada.