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Consolidated as of April 17, 1982.
Beyond redrawing North American borders and establishing a permanent system of governance, the Quebec Act of 1774 fundamentally changed British notions of empire and authority. Although it is understood as a formative moment - indeed part of the "textbook narrative" - in several different national histories, the Quebec Act remains underexamined in all of them. The first sustained examination of the act in nearly thirty years, Entangling the Quebec Act brings together essays by historians from North America and Europe to explore this seminal event using a variety of historical approaches. Focusing on a singular occurrence that had major social, legal, revolutionary, and imperial repercussions, the book weaves together perspectives from spatially and conceptually distinct historical fields - legal and cultural, political and religious, and beyond. Collectively, the contributors resituate the Quebec Act in light of Atlantic, American, Canadian, Indigenous, and British Imperial historiographies. A transnational collaboration, Entangling the Quebec Act shows how the interconnectedness of national histories is visible at a single crossing point, illustrating the importance of intertwining methodologies to bring these connections into focus.
This comprehensive study is concerned primarily with the fundamental problem of the role of the judiciary in the federal system of Canadian government. The author criticizes previous accounts of the Judicial Committee’s interpretative scheme for the British North American Act because of their neglect of underlying jurisprudential assumptions and their readiness to accept the textual criticisms levelled in the O’Connor Report of 1939; they fail to note the relationship between the jurisprudential and the textual aspects. Professor Browne is convinced that O’Connor’s criticism is as ill founded as the alternative interpretive scheme he proposed, and that the “three-compartment” view represents the most convincing construction of sections 91 and 92 of the Act. He considers debatable the “organic statute” argument widely accepted in the United States and becoming more and more popular in Canada; and supports the premium which English courts have traditionally placed on certainty and stability in the law. Professor Browne concludes that the almost universal criticism in Canada of the Judicial Committee’s construction of the BNA Act is basically misconceived: Canadian jurists should think carefully before following trends set by American courts, for American purposes, in the context of American law, particularly when the repercussions of those trends are not as yet fully appreciated. This discussion will be of special interest for legal, political, and historical studies in this country, the United States, and other Commonwealth countries, especially those which have federal systems and consequently share the same basic problems of the judiciary in such a system.
This edition retains Browne's original introduction with its lucid exposition of events from 1858 to 1867. A new introduction by Janet Ajzenstat draws attention to the debt British North Americans owe to the political tradition of British liberalism.