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Distributed for University of British Columbia Press

Contested Constitutionalism

Reflections on the Canadian Charter of Rights and Freedoms

The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.

336 pages

Law and Society


Table of Contents

Introduction

1 Should We Cheer? Contested Constitutionalism and the Canadian Charter of Rights and Freedoms / James B. Kelly and Christopher P. Manfredi

Part 1: Governance and Institutions

2 Legalise This: The Chartering of Canadian Politics / Andrew Petter

3 Rationalizing Judicial Power: The Mischief of Dialogue Theory / Grant Huscroft

4 Courting Controversy: Strategic Judicial Decision Making / Rainer Knopff, Dennis Baker, and Sylvia LeRoy

5 Legislative Activism and Parliamentary Bills of Rights: Institutional Lessons for Canada / James B. Kelly

6 Compromise and the Notwithstanding Clause: Why the Dominant Narrative Distorts Our Understanding / Janet L. Hiebert

Part 2: Policy Making and the Courts

7 Judicializing Health Policy: Unexpected Lessons and an Inconvenient Truth / Christopher P. Manfredi and Antonia Maioni

8 National Security and the Charter / Kent Roach

9 Canadian Language Rights: Liberties, Claims, and the National Conversation / Graham Fraser

10 Explaining the Impact of Legal Mobilization and Judicial Decisions: Official Minority Language Education Rights outside Quebec / Troy Riddell

11 Reference re Same-Sex Marriage: Making Sense of the Government’s Litigation Strategy / Matthew Hennigar

Part 3: Citizenship and Identity

12 Bills of Rights as Instruments of Nation Building in Multinational States: The Canadian Charter and Quebec Nationalism / Sujit Choudhry

13 The Internal Exile of Quebecers in the Canada of the Charter / Guy Laforest

14 The Road Not Taken: Aboriginal Rights after the Re-Imagining of the Canadian Constitutional Order / Kiera L. Ladner and Michael McCrossan

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