Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms

by James B. Kelly, Christopher P Manfredi (Editor)

The introduction of the "Canadian Charter of Rights and Freedoms" in 1982 was accompanied by much fanfare and public debate, and the "Charter" remains the subject of controversy twenty-five years later. "Contested Constitutionalism" does not celebrate the "Charter"; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples in Canada. Employing a diversity of methodological approaches, contributors explore three themes: governance and institutions, policy making and the courts, and citizenship and identity politics. The influence of the "Charter" has been profound, they conclude, but has it been beneficial?

This thoughtful volume shifts the focus of debate from the "Charter's" appropriateness to its impact � for better or worse � on political institutions, public policy, and conceptions of citizenship.

Genres: Law, History

318 pages, ebook

First published January 1, 2009

Reviews

[Steve · Rating 4 out of 5]

I had this textbook for class and have since decided to reread it. My favourite chapters were, "Courting Controversy: Strategic Judicial Decision Making," "Bill of Rights as Instruments of Nation Building in Multinational States: The Canadian Charter and Quebec Nationalism," "The Internal Exile of Quebecers in the Canada of the Charter," and "The Road Not Taken: Aboriginal Rights after the Re-imagining of Canadian Constitutional Order."
The last three chapters were interesting in having the perspective of the Charter as a tool for colonialism and centralization in contradiction with federalism as intended by the framers. It sets up an interesting conflict of rights between individuals and the collective group. Since the rights of the collective group often inform the identity of the individual (Quebecers for instance), it would be interesting to see this idea expanded upon.
My only complaint is that the book felt more critical than supportive of the charter, and by that I mean, I did not often get to see any reasoned responses to their arguments. I would be interested in reading how other scholars reacted to these ideas. Overall, a great collection of essays.