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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.
Drawing on perspectives from both law and political science, Canadian Constitutional Conventions surveys the rich landscape of the unwritten rules that affect the constitution and play a vital role in our political system. Thoroughly revised and up to date, the second edition is essentialreading for students of Canadian democracy as well as professionals working in this country's legal and political realms.
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.
Consolidated as of April 17, 1982.
This timely book examines recent history and ongoing controversies as it makes the case for restoring power to where it belongs - with the people's elected representatives in Parliament.
Following Queen Elizabeth II's historic Diamond Jubilee in 2012, there is renewed interest in the institution of the Crown in Canada and the roles of the queen, governor general, and lieutenant governor. Author D. Michael Jackson traces the story of the monarchy and the Crown and shows how they are integral to Canada's parliamentary democracy.
Constitutional Odyssey is an account of the politics of making and changing Canada's constitution from Confederation to the present day. Peter H. Russell frames his analysis around two contrasting constitutional philosophies – Edmund Burke's conception of the constitution as a set of laws and practices incrementally adapting to changing needs and societal differences, and John Locke's ideal of a Constitution as a single document expressing the will of a sovereign people as to how they are to be governed. The first and second editions of Constitutional Odyssey, published in 1992 and 1993 respectively, received wide-ranging praise for their ability to inform the public debate. This third edition continues in that tradition. Russell adds a new preface, and a new chapter on constitutional politics since the defeat of the Charlottetown Accord in 1993. He also looks at the 1995 Quebec Referendum and its fallout, the federal Clarity Act, Quebec's Self-Determination Act, the Agreement on Internal Trade, the Social Union Framework Agreement and the Council of the Federation, progress in Aboriginal self-determination such as Nunavut and the Nisga'a Agreement, and the movement to reduce the democratic deficit in parliamentary government. Comprehensive and eminently readable, Constitutional Odyssey is as important as ever.
Constitutional conventions precede law and make law making possible, but attempting to define them is politically risky yet increasingly necessary.
The fifth edition of Constitutional Law represents a significant update of the fourth edition. Since 2013, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, and Indigenous title. The book includes the complete Canadian Constitution.