Contested constitutionalism
Subtitle: reflections on the Canadian Charter of Rights and Freedoms
By: edited by James B. Kelly and Christopher P. Manfredi.
Contributors: Manfredi, Christopher P.; Kelly, James B. 1968-
Series: Law and society series; Law and society series (Vancouver, B.C.)
Publisher: UBC Press
Published: 2009
Place of publication: Vancouver
Language: eng
Number of pages: 318
ISBN-13: 9780774816748
Subjects: Canada; Canada; Civil rights -- Canada; Droits de l'homme -- Canada; Canada -- Politics and government -- 1984-1993; Canada -- Politics and government -- 1993-2006; Canada -- Politique et gouvernement -- 1984-1993; Canada -- Politique et gouvernement -- 1993-2006
Description: "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. 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 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."--Jacket.
Notes: Includes bibliographical references and index.
Table of contents: title: Should we cheer? Contested constitutionalism and the Canadian Charter of Rights and Freedoms / James B. Kelly and Christopher P. Manfredi; title: Legalise this : the Chartering of Canadian politics / Andrew Petter; title: Rationalizing judicial power : the mischief of dialogue theory / Grant Huscroft; title: Courting controversy : strategic judicial decision making / Rainer Knopff, Dennis Baker, and Sylvia LeRoy; title: Legislative activism and parliamentary bill of rights : institutional lessons for Canada / James B. Kelly; title: Compromise and the notwithstanding clause : why the dominant narrative distorts our understanding / Janet L. Hiebert; title: Judicializing health policy : unexpected lessons and an inconvenient truth / Christopher P. Manfredi and Antonia Maioni; title: National security and the Charter / Kent Roach; title: Canadian language rights : liberties, claims, and the national conversation / Graham Fraser; title: Explaining the impact of legal mobilization and judicial decisions : official minority language education rights outside Quebec / Troy Riddell; title: Reference re same-sex marriage : making sense of the government's litigation strategy / Matthew Hennigar; title: Bills of rights as instruments of nation building in multinational states : the Canadian Charter and Quebec nationalism / Sujit Choudhry; title: The internal exile of Quebecers in the Canada of the Charter / Guy Laforest; title: The road not taken : aboriginal rights after the re-imaging of the Canadian constitutional order /  Kiera L. Ladner and Michael McCrossan; title: The Charter and Canadian democracy / Peter H. Russell.