The Canadian and American Constitutions in Comparative Perspective

The Canadian and American Constitutions in Comparative Perspective
Author: Marian Cecilia McKenna
Publisher: Calgary : University of Calgary Press
Total Pages: 219
Release: 1993
Genre: Canada
ISBN: 9781895176261

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Spanning over two centuries of constitutional developments in the United States & Canada, this comprehensive collection of essays brings together the provocative writings of prominent political scientists & jurists from both countries on the historical origins, ideology, function & political determinants of the two working constitutional systems. The book's lively & clear analysis summarises the intricate details of constitutional politics in a way that will help readers to face up to the historical choices that now confront us. Policies that have dominated public debate in recent years are examined under four broad headings: federalism, church-state relations, the politics of rights & the role of judges in formulating public policy. Addressed both to students of law, history & political science & to all who are concerned about their constitutional future, these essays examine issues that have led to profound changes in the lives of ordinary citizens in both countries.

Canada in the World

Canada in the World
Author: Richard Albert
Publisher: Cambridge University Press
Total Pages: 483
Release: 2018
Genre: Law
ISBN: 1108419739

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Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Constitutional Politics in Canada and the United States

Constitutional Politics in Canada and the United States
Author: Stephen L. Newman
Publisher: State University of New York Press
Total Pages: 291
Release: 2012-02-01
Genre: Political Science
ISBN: 0791485846

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The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

Interpreting Constitutions

Interpreting Constitutions
Author: Jeffrey Denys Goldsworthy
Publisher: Oxford University Press, USA
Total Pages: 384
Release: 2006-02-09
Genre: Law
ISBN:

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This book describes the constitutions of six major federations and how they have been interpreted by their highest courts, compares the interpretive methods and underlying principles that have guided the courts, and explores the reasons for major differences between these methods and principles. Among the interpretive methods discussed are textualism, purposivism, structuralism and originalism. Each of the six federations is the subject of a separate chapter written by a leading authority in the field: Jeffrey Goldsworthy (Australia), Peter Hogg (Canada), Donald Kommers (Germany), S.P. Sathe (India), Heinz Klug (South Africa), and Mark Tushnet (United States). Each chapter describes not only the interpretive methodology currently used by the courts, but the evolution of that methodology since the constitution was first enacted. The book also includes a concluding chapter which compares these methodologies, and attempts to explain variations by reference to different social, historical, institutional and political circumstances.

The Invisible Constitution in Comparative Perspective

The Invisible Constitution in Comparative Perspective
Author: Rosalind Dixon
Publisher: Cambridge University Press
Total Pages: 595
Release: 2018-11-08
Genre: Law
ISBN: 110827885X

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Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

The Origins of Canadian and American Political Differences

The Origins of Canadian and American Political Differences
Author: Jason Kaufman
Publisher: Harvard University Press
Total Pages: 383
Release: 2009-02-16
Genre: Political Science
ISBN: 0674274466

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Why do the United States and Canada have such divergent political cultures when they share one of the closest economic and cultural relationships in the world? Canadians and Americans consistently disagree over issues such as the separation of church and state, the responsibility of government for the welfare of everyone, the relationship between federal and subnational government, and the right to marry a same-sex partner or to own an assault rifle. In this wide-ranging work, Jason Kaufman examines the North American political landscape to draw out the essential historical factors that underlie the countries’ differences. He discusses the earliest European colonies in North America and the Canadian reluctance to join the American Revolution. He compares land grants and colonial governance; territorial expansion and relations with native peoples; immigration and voting rights. But the key lies in the evolution and enforcement of jurisdictional law, which illuminates the way social relations and state power developed in the two countries. Written in an accessible and engaging style, this book will appeal to readers of sociology, politics, law, and history as well as to anyone interested in the relationship between the United States and Canada.