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This study provides the first comprehensive text offering insight into the nature of the conventional rules that work in the Canadian constitution. Heard deals with the principal conventions governing prerogative powers of the crown, cabinet decision making and administrative behavior, parliament and provincial legislatures, federalism and federal provincial relations, the judiciary, and foreign relations.
Excerpt from The Constitution of Canada: An Introduction to Its Development and Law Any historical work which attempts to traverse the whole period of a nation's life, even if it be that of a young nation like Canada, must be either an outline of events or a study of development. In this work I have essayed the latter of these, endeavouring to present to my readers neither a description nor an analysis of the political institutions of Canada, but rather an evolutionary account of the various movements and stages which have issued into the organized political life of the Canada of to-day. Canada as a political unity has a distinctive, to some it may seem an anomalous, character. It is well worth studying, both as a recent example of the process of nation-making and as a most significant illustration of that real and yet not absolute sovereignty which defies the older theories of government and thereby leads us to a truer conception of the state. I have sought to unite these two aspects in this work. To understand the former it is necessary to keep the social background always in view, to show how, under the special conditions of a new land, the conjuncture of groups detached from older countries, particularly England and France, the insistent near influence of a great neighbouring country already ahead in economic development, and the later influx of more heterogeneous elements from many lands, with all the meeting and clash of traditions which this implied, have worked in the end to a certain unity and a sure nationhood. To understand the latter it is necessary to observe how the evolution of Canadian government has constituted a decisive challenge to the absolute Austinian doctrine of sovereignty. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Conventions are fundamental to the constitutional systems of parliamentary democracies. Unlike the United States which adopted a republican form of government, with a full separation of powers, codified constitutional structures and limitations for executive and legislative institutions and actors, Britain and subsequently Canada, Australia and New Zealand have relied on conventions to perform similar functions. The rise of new political actors has disrupted the stability of the two-party system, and in seeking power the new players are challenging existing practices. Conventions that govern constitutional arrangements in Britain and New Zealand, and the executive in Canada and Australia, are changing to accommodate these and other challenges of modern governance. In Westminster democracies, constitutional conventions provide the rules for forming government; they precede law and make law-making possible. This prior and more fundamental realm of government formation and law making is shaped and structured by conventions.
A fully updated edition of the first-ever primer on Canada’s Constitution — for anyone who wants to understand the supreme law of the land. The Canadian Constitution makes Canada’s Constitution readily accessible to readers. It includes the complete text of the Constitution Acts of 1867 and 1982, accompanied by an explanation of what each section means, along with a glossary of key terms, a short history of the Constitution, and a timeline of important constitutional events. The Canadian Constitution explains how the Supreme Court of Canada works and describes the people and issues involved in leading constitutional cases. Author Adam Dodek, a law professor at the University of Ottawa, provides the only index to the Canadian Constitution, as well as fascinating background on the Supreme Court and the Constitution. This new edition is a great primer for those reading Canada’s Constitution for the first time and is a useful reference work for students and scholars.
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.