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Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms
The introduction of the Canadian Charter of Rights and Freedom in 1982 was accompanied by much fanfare and public debate, and the Charter remains the subject of controversy 25 years later. Contested Constitutionalism does not celebrate the Charter; 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 Governance and institutions, policy making and the courts, and citizenship and identity politics. The influence of the Charter has bee profound, they conclude, but has it been beneficial?
This nuanced book 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. It will be of interest to students and practitioners of law, public policy, and political science.
This nuanced book 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. It will be of interest to students and practitioners of law, public policy, and political science.
336 pages, Paperback
First published January 1, 2009
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May 12, 2016
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.
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.
Displaying 1 of 1 review