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The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.
In October 1999, some fifteen academic experts and government practitio ners from Germany and North America gathered for two days at the Uni ver sity of Augsburg to discuss the topic of "Constitutional Reform and Consti tutional Jurisprudence in Canada and the United States." The present volume documents the results of that conference, a collaborative effort of the De partment of Political Science, University of Erlangen-Nuremberg, and the Institute for Canadian Studies, University of Augsburg. In organizing this workshop, we were guided by two basic sets of ideas and assumptions: First, all "established" democracies are regularly confron ted with the need to adjust their constitutional order to changes in their envi ronment lest democratic stability be transformed into rigidity; in many wes tern nations, including Canada and the United States, developments such as the crisis of the Keynesian welfare-state or the emergence of increasingly heterogeneous, postmodern societies have ushered in an era of heightened, yet not always successful constitutional reform activity. Secondly, however, there is no unique path towards, or model of, an "optimal" constitutional order, however defined; rather, constitutional reform processes, their under Iying normative principles and their outcomes are strongly path and context dependent. Therefore, the participants of the workshop and authors of this volume were asked to examine the specific preconditions, context, nature and impact of recent constitutional reform processes in the Uni ted States and Canada.
This book compares the constitutional politics in Canada and the United Kingdom – two complex, multilevel, plurinational states. While the former is federal and the latter a devolved state, the logic of both systems is similar: to combine unity with diversity. Both are facing similar challenges in a world marked by spatial rescaling, international interdependence and economic and social change. The contributors chart these challenges and the responses of the two countries, covering the meanings of federalism and devolution; the role of the courts; fiscal equalization; welfare; party politics; reform by popular referendum and citizen assemblies; and intergovernmental relations. The book will be of interest to students of federalism and multilevel government, state transformation territorial politics on both sides of the Atlantic.
Spanning over two centuries of constitutional developments in the United States & Canada, this comprehensive collection of essays brings together the provocative writings of prominent political scientists & jurists from both countries on the historical origins, ideology, function & political determinants of the two working constitutional systems. The book's lively & clear analysis summarises the intricate details of constitutional politics in a way that will help readers to face up to the historical choices that now confront us. Policies that have dominated public debate in recent years are examined under four broad headings: federalism, church-state relations, the politics of rights & the role of judges in formulating public policy. Addressed both to students of law, history & political science & to all who are concerned about their constitutional future, these essays examine issues that have led to profound changes in the lives of ordinary citizens in both countries.
Essential Readings in Canadian Constitutional Politics introduces students, scholars, and practitioners to classic authors and writings on the principles of the Canadian Constitution as well as to select contemporary material. To complement rather than duplicate the state of the field, it deals with the Canadian Charter of Rights and Freedoms and with Canadian mega-constitutional politics in passing only, focusing instead on institutions, federalism, intergovernmental relations, bilingualism and binationalism, the judiciary, minority rights, and constitutional renewal. Many of the selections reverberate well beyond Canada's borders, making this volume an unrivalled resource for anyone interested in constitutional governance and democratic politics in diverse societies.
During the last two decades serious attempts to alter basic constitutional structures have taken place in many industrial nations, even in those often thought to have highly stable political institutions. In some cases, such as Belgium and Spain, far-reaching constitutional changes have been put in place; in others advocates of reform have achieved only partial victories or have been entirely frustrated. In all cases, controversy over the constitution has been intense, involving basic conceptions of legitimacy, representation, sovereignty and the purposes of the state. Constitutional politics often reveals much about political life of modern societies that is obscured in day-to-day events. The results of constitutional changes can significantly affect the distribution of power, the ability to manage conflict and the outcomes of policy debates. This book explores the dynamics of constitutional politics through case studies of Spain, Belgium, Canada, the United Kingdom, the United States, West Germany and Eastern Europe, including Poland, prepared by leading students of these countries. Other chapters draw out the more general patterns of constitutional politics, highlighting the pressures which lead to change, and the formidable obstacles confronting them.
Since the Charter of Rights and Freedoms was introduced, Canada has experienced more than twenty-five years of constitutional politics and countless debates about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past � and the future � of the Canadian federation.
The Oxford Handbook of Canadian Politics provides a comprehensive overview of the transformation that has occurred in Canadian politics since it acheived autonomy nearly a century ago, examining the institutions and processes of Canadian government and politics at the local, provincial and federal levels. It analyzes all aspects of the Canadian political system: the courts, elections, political parties, Parliament, the constitution, fiscal and political federalism, the diffusion of policies between regions, and various aspects of public policy.
Constitutional politics is exceptionally intense and unpredictable. It involves negotiations over the very nature of the state and the implications of self- determination. Multinational democracies face pressing challenges to the existing order because they are composed of communities with distinct cultures, histories, and aspirations, striving to coexist under mutually agreed-upon terms. Conflict over the recognition of these multiple identities and the distribution of power and resources is inevitable and, indeed, part of what defines democratic life in multinational societies. In Constitutional Politics in Multinational Democracies André Lecours, Nikola Brassard-Dion, and Guy Laforest bring together experts on multinational democracies to analyze the claims of minority nations about their political future and the responses they elicit through constitutional politics. Essays focus on the nature of these states and the actors and political process within them. This framework allows for a multidimensional examination of crucial political periods in these democracies by assessing what constitutional politics is, who is involved in it, and how it happens. Case studies include Catalonia and Spain, Puerto Rico and the United States, Scotland and the United Kingdom, Belgium, Bosnia and Herzegovina, and Quebec and the Métis People in Canada. Theoretically significant and empirically rich, Constitutional Politics in Multinational Democracies is a necessary read for any student of multinationalism.