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From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.
From 1960 to 1982 Barry L. Strayer was instrumental in the design of The Canadian Charter of Rights and Freedoms and the patriation of Canada's Constitution. Here Dr. Strayer shares his experiences as a key legal advisor with a clear, personal voice that yields an insightful contribution to Canadian history and political memoir. He discusses the personal philosophies of Pierre Trudeau and F.R. Scott in addition to his meticulous accounts of the events and people involved in Canada's constitutional reform, and the consequences of that reform, which reveal that it was truly a revolution. This is an accessible primary source for experts and non-specialists interested in constitutional history studies, political history of patriation and The Charter, interpretation of The Charter, and the nature of judicial review.
Few terms in political theory are as overused, and yet as under-theorized, as constitutional revolution. In this book, Gary Jacobsohn and Yaniv Roznai argue that the most widely accepted accounts of constitutional transformation, such as those found in the work of Hans Kelsen, Hannah Arendt, and Bruce Ackerman, fail adequately to explain radical change. For example, a “constitutional moment” may or may not accompany the onset of a constitutional revolution. The consolidation of revolutionary aspirations may take place over an extended period. The “moment” may have been under way for decades—or there may be no such moment at all. On the other hand, seemingly radical breaks in a constitutional regime actually may bring very little change in constitutional practice and identity. Constructing a clarifying lens for comprehending the many ways in which constitutional revolutions occur, the authors seek to capture the essence of what happens when constitutional paradigms change.
For 150 years, Canada's constitutional order has been both flexible and durable, ensuring peace, order, and good government while protecting the absolute rights at the core of the rule of law. In this era of transnational terrorism and proliferating emergency powers, it is essential to revisit how and why our constitutional order developed particular limits on the government's powers, which remain in force despite war, rebellion, and insurrection. Seven Absolute Rights surveys the historical foundations of Canada's rule of law and the ways they reinforce the Constitution. Ryan Alford provides a gripping narrative of constitutional history, beginning with the medieval and early modern context of Magna Carta, the Petition of Right, and the constitutional settlement of the Glorious Revolution. His reconstruction ends with a detailed examination of two pre-Confederation crises: the rebellions of 1837–38 and the riots of 1849, which, as he demonstrates, provide the missing constitutionalist context to the framing of the British North America Act. Through this accessible exploration of key events and legal precedents, Alford offers a distinct perspective on the substantive principles of the rule of law embedded in Canada's Constitution. In bringing constitutional history to life, Seven Absolute Rights reveals the history and meaning of these long-forgotten protections and shows why they remain fundamental to our freedom in the twenty-first century.
The End of the Charter Revolution explores the Canadian Charter of Rights and Freedoms, beginning with a general historical background, followed by a survey of the significant changes brought about as Charter decisions were made.
In Idea of Liberty in Canada during the Age of Atlantic Revolutions, 1776-1838, Michel Ducharme shows that Canadian intellectual and political history between the American Revolution and the Upper and Lower Canada rebellions of 1837-38 can be better understood by considering it in relation to the broad framework of revolution in the Atlantic world between 1776 and 1838. Inspired by intellectual histories of the Atlantic world, Ducharme goes beyond the scholarly focus on Atlantic republicanism to present the rebellions of 1837-38 as a confrontation between two very different concepts of liberty. He uses these concepts as lenses through which to read colonial ideological conflict. Ducharme traces political discourse in both colonies, showing how the differing fates and influence of republican and constitutional notions of liberty affected state development. He also pursues a number of important revisionist historical claims, including the idea that nationalist politics were not at issue in the period and that "responsible government" was never a Patriote party platform or interest. Taking a wider view allows Ducharme to provide a solid understanding of the ideological substance of political conflict and shows that, starting in 1791, Canadian colonial political culture revolved around an ideal of liberty that differed from the liberty at work within the revolutionary movements of the late eighteenth century but was nonetheless born of the Enlightenment.
In the first major study of postwar social movement organizations in Canada, Dominique Clément provides a history of the human rights movement as seen through the eyes of two generations of activists. Drawing on newly acquired archival sources, extensive interviews, and materials released through access to information applications, Clément explores the history of four organizations that emerged in the sixties and evolved into powerful lobbies for human rights despite bitter internal disputes and intense rivalries. This book offers a unique perspective on infamous human rights controversies and argues that the idea of human rights has historically been highly statist while grassroots activism has been at the heart of the most profound human rights advances.
Frederick Vaughan looks at changes that have taken place in Canada since 1867, arguing that Pierre Trudeau's 1982 Constitution Act quietly undermined the monarchic character of the constitution by introducing republican principles of government, leaving Canada clinging to the wreckage of the old aristocratic order while attempting to provide a new order founded on republican equality."--BOOK JACKET.
With an updated preface by the author. Since the proclamation of the Universal Declaration of Human Rights in 1948, rights have become the dominant language of the public good around the globe. Indeed, rights have become the trump card in every argument. Long-standing fights for aboriginal rights, the issue of preserving the linguistic heritage of minorities, and same-sex marriage have steered our society into a full-blown rights revolution. This revolution is not only deeply controversial in North America, but is being watched around the world. Are group rights jeopardizing individual rights? When everyone asserts their rights, what happens to responsibilities? Can families survive and prosper when each member has rights? Is rights language empowering individuals while weakening community? Michael Ignatieff confronts these controversial questions head-on in The Rights Revolution, defending the supposed individualism of rights language against all comers. For Ignatieff, believing in rights means believing in politics, believing in deliberation rather than confrontation, compromise rather than violence.