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Supreme Court Law Review, 2nd Series, Volume 105
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This collection seeks to excavate and explain a variety of foundational elements of the Canadian Constitution. Some of these elements reside in the text, some beneath it, and some only come into focus when the written and unwritten portions of the Constitution speak to each other. The result is an enriching exploration of Canada’s constitutional architecture that will not only aid the work of judges, lawyers and scholars. It will benefit anyone who wishes to grow in knowledge of — and appreciation for — Canada’s supreme law.
Table of contents
Forgotten Foundations of the Canadian Constitution: An Introduction – Brian Bird & Derek Ross
The Forgotten Roots of Canada’s Living Tree: Constitutional Interpretation and the Rule of Law – The Honourable Marshall Rothstein C.C., Q.C.
Part I – First Principles: The Supremacy of God and The Rule of Law
God in the Constitution: The Supremacy of God Clause in the Preamble to the Canadian Charter of Rights and Freedoms – Dwight Newman, Q.C.
The First Division of Power: State Authority and the Preamble to the Charter – John Sikkema
The Rule of Law in Judicial Review Today – Mark Mancini
Part II – Limiting and Delimiting Charter Rights and Freedoms
Resetting the Foundations: Renewing Freedom of Expression under Section 2(b) of the Charter – Jamie Cameron
Pluralism and Freedom from Assimilation: A Foundation for a “Free and Democratic Society” – Derek Ross
The Truck and the Brakes: Understanding the Charter’s Limitations and Notwithstanding Clauses Symmetrically – Geoffrey T. Sigalet
Part III – The Charter’s Underexplored “General” Clauses
Unchartered Rights and the Free and Democratic Society – Brian Bird
“The Rights Retained By The People”: The Implications of the Ninth Amendment for the Interpretation of Section 26 of the Charter – Matthew P. Harrington
All the Voices of Religious Freedom – Blair Major
Section 31 and the Charter’s Unexplored Constraints on State Power – André Schutten and Tabitha Ewert
Part IV – The Foundational Role of Constitutional History
Applied Legal History and the Principled Way Forward to the Recognition of Implied Fundamental Rights – Ryan Alford
Bringing About a Reformation? Religious Freedom and Canadian Constitutionalism, 1759-1774 – Kristopher E.G. Kinsinger