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Supreme Court Law Review, 2nd Series, Volume 110

This collection of papers was developed from Runnymede Society’s March 2022 academic symposium, “The Unwritten Principle of Constitutionalism in Canadian Jurisprudence”.
Publication Language: English
Book
$310.00
Quantity

Hardcover | 298 pages

In Stock
Published: May 16, 2023
ISBN/ISSN: 9780433523772

Product description

This collection of papers was developed from Runnymede Society’s March 2022 academic symposium, “The Unwritten Principle of Constitutionalism in Canadian Jurisprudence”. It explores the topic of dissatisfaction with the state of constitutional interpretive methodology in Canadian law. The book features a special foreword by The Honourable Russell Brown and will be of interest to judges, lawyers and scholars.
 

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Table of contents

Foreword – The Honourable Russell Brown

Part I: Unwritten Principles and the City of Toronto Ruling
An Oak Whose Leaf Fadeth: The Barrenness of Constitutionalism without Constitutional History – Ryan Alford

Constitutional Exegesis, Animating Principles and Toronto v. Ontario – Brian Bird and Kristopher Kinsinger

Investigating the Legal and Political Contours of Unwritten Constitutional Principles after City of Toronto – Vanessa MacDonnell and Philippe Lagassé

Part II: Constituent Power and Constitutional Amendment
The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada – Richard Albert

We the Limited People? On the People as a Constitutional Organ in Constitutional Amendments – Yaniv Roznai

Part III: Natural Law and Common Good Constitutionalism
Notwithstanding Judicial Specification: The Notwithstanding Clause within a Juridical Order – Stéphane Sérafin, Kerry Sun and Xavier Foccroulle Ménard

Constitutionalism and the Common Good: On the Role of Unwritten Principles – Michael P. Foran and Conor Case

A Voice from the Attic: A Canadian Take on Common Good Constitutionalism – Peter D. Lauwers

Part IV: Special Comparative Article
Unwritten Principles and the American Constitution – Matthew P. Harrington