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OverviewFour decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. As Constitutional Crossroads makes clear, the 1982 constitutional package raises a host of questions about a number of important issues, including identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature of constitutional change. This collection brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective analyses of different aspects of Canada’s constitution as it is understood in the twenty-first century. With a focus on the themes of rights, reconciliation, and constitutional change, Constitutional Crossroads provides profound insights into institutional relationships, public policy, and the state of the fields of law and politics. Full Product DetailsAuthor: Kate Puddister , Emmett MacfarlanePublisher: University of British Columbia Press Imprint: University of British Columbia Press Weight: 0.880kg ISBN: 9780774867917ISBN 10: 0774867914 Pages: 520 Publication Date: 01 December 2022 Audience: Professional and scholarly , Professional & Vocational Format: Hardback Publisher's Status: Active Availability: In Print  This item will be ordered in for you from one of our suppliers. Upon receipt, we will promptly dispatch it out to you. For in store availability, please contact us. Table of ContentsIntroduction: Complex Legacies: The Promise, Challenges, and Impact of the Constitution Act, 1982 / Emmett Macfarlane and Kate Puddister Part 1: Institutional Relationships 1 The Political Purposes of the Charter: Four Decades Later / Mark S. Harding 2 Revisiting Judicial Activism / Emmett Macfarlane 3 Revisiting the Charter Centralization Thesis / Gerald Baier 4 Autochthony and Influence: The Charter’s Place in Transnational Constitutional Discourse / Mark Tushnet 5 It Works in Practice, but Does It Work in Theory? Accepting the Canadian Charter of Rights and Freedoms as a National Symbol / Andrew McDougall 6 Charter Talk: How Canadian Media Cover Rights and Politics / Erin Crandall, Andrea Lawlor, and Kate Puddister 7 Notwithstanding the Media: Section 33 of the Charter after Toronto v Ontario / Dave Snow and Eleni Nicolaides Part 2: Charter Rights 8 Policing Partisan Self-Interest? The Charter and Election Law in Canada / Tamara A. Small 9 The Most Important Charter Right? The Rise and Future of Section 7 / Matthew Hennigar 10 Sex Work, Abjection, and the Constitution / Brenda Cossman 11 Carter Compliance: Litigating for Access to Medical Assistance in Dying in Canada / Eleni Nicolaides 12 The Charter and the RCMP / Kent Roach 13 The Charter of Whites: Systemic Racism and Critical Race Equality in Canada / Joshua Sealy-Harrington 14 Canada’s Sex Problem: Section 15 and Women’s Rights / Kerri A. Froc 15 Quebec and the “Sign Law” Thirty Years after Ford and Devine: Ford Construit Solide / James B. Kelly 16 Language Rights and the Charter: Forging the Next Forty Years / Stéphanie Chouinard 17 The Provincial Courts of Appeal and Section 24(2) of the Charter / Lori Hausegger, Danielle McNabb, and Troy Riddell Part 3: Reconciliation 18 Canadians’ Homeland Has Changed since Patriation Brought the Constitution Home / Peter H. Russell 19 Indigenous Rights and the Constitution Act, 1982: Forty Years On and Still Fishing for Rights / Jeremy Patzer and Kiera Ladner 20 Using the Master’s Institutional Instruments to Dismantle the Master’s Goal of Indigenous-Rights Certainty / Rebecca Major and Cynthia Stirbys 21 Beyond Consultation: A Research Agenda to Investigate Partnerships and Comanagement in Land Governance / Minh Do 22 Indigenous Sovereignty, Canadian Constitutionalism, and Citizens Plus: The Unended Quest of Canada’s Original Hedgefox / Samuel V. LaSelva Part 4: Constitutional Change 23 The Invisible Transformation of Canada’s Constitutional Amendment Rules / Richard Albert 24 Still Not Cheering: Understanding Quebec’s Perspective on 1982 / Félix Mathieu and Dave Guénette 25 Cracks in the Foundation: The Crown and Canada’s Constitutional Architecture / Philippe Lagassé 26 The Urban Gap / Ran Hirschl IndexReviewsAuthor InformationKate Puddister is an associate professor of political science at the University of Guelph and the author of Seeking the Court’s Advice: The Politics of the Canadian Reference Power. Emmett Macfarlane is an associate professor of political science at the University of Waterloo. Among his publications are Constitutional Amendment in Canada; Policy Change, Courts, and the Canadian Constitution; and Constitutional Pariah: Reference re Senate Reform and the Future of Parliament. Contributors: Richard Albert, Gerald Baier, Stéphanie Chouinard, Brenda Cossman, Erin Crandall, Minh Do, Kerri A. Froc, Dave Guénette, Mark S. Harding, Lori Hausegger, Matthew Hennigar, Ran Hirschl, James B. Kelly, Kiera Ladner, Philippe Lagassé, Samuel V. LaSelva, Andrea Lawlor, Rebecca Major, Félix Mathieu, Andrew McDougall, Danielle McNabb, Eleni Nicolaides, Jeremy Patzer, Troy Riddell, Kent Roach, Peter H. Russell, Joshua Sealy-Harrington, Tamara A. Small, Dave Snow, Cynthia Stirbys, Mark Tushnet Tab Content 6Author Website:Countries AvailableAll regions |
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