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The Court and The Constitution: A 150-Year Retrospective

This unique collection of papers focuses on the role of the court in the development of three areas: Canadian Federalism, the Charter of Rights, and Private Law.
Publication Language: English
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$115.00
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In Stock
Published:
ISBN/ISSN: 9780433493600

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“Academics and students with a more general interest in the Court and the Constitution will find much to consider in these articles. Court and constitutional scholars will be delighted by the level of detail with which each subject is treated and by the level of analysis that is offered by the authors. It is a most worthy addition to Canada’s 150-year anniversary celebration and highly recommended.”

Reviewed by Margo Jeske, Director, Brian Dickson Law Library, University of Ottawa

Review in Canadian Law Library Review 43:1


This unique collection of papers focuses on the role of the court in the development of three areas: Canadian Federalism, the Charter of Rights, and Private Law.

Insightful perspectives

  • Thorough and well-researched review of jurisprudential developments
  • Contributions from leaders in a variety of capacities in the legal community, including academia and practitioners

The collection of papers:

  • Introduction by the Editor

PART I: THE STRUCTURE OF FEDERALISM

  • The Supreme Court and Parliament: Evolving Roles and Relationships – Lorne Neudorf
  • The Supreme Court and the Conventions of the Constitution – Leonid Sirota
  • From Subservient Officers of the Crown to Independent Servants of the People: The Supreme Court of Canada's Perceptions of Itself – Adam Dodek
  • The Court and Administrative Law: Models of Rights Protection – Paul Daly
  • L'allégorie d'une Cour suprême complice de trudeauisme : relecture des prismes de l'arrêt Ford – Fréderic Bérard
  • Speakers, Witnesses and Blanketing: The Need to Look Beyond the Courts to Achieve Reconciliation – Sarah Morales
  • Aboriginal Title in the Supreme Court of Canada – Cherie Metcalf

PART II: THE CHARTER OF RIGHTS

  • "A Principle of Vital Importance": The Supreme Court of Canada's Approach to Purposeful Limits on Expression in Section 2(B) – Peter Carver
  • The Court and Freedom of Religion – Howard Kislowicz
  • Of Promise and Peril: The Court and Equality Rights – Daphne Gilbert & Jena McGill
  • Fundamental Justice – Mark Carter
  • Language Rights and the Political Compromise Doctrine – Matthew P Harrington

PART III: PRIVATE LAW & COMMERCE

  • The Supreme Court of Canada and the Law of Tort – Lewis Klar
  • Property Law and the Supreme Court: Of Gardens and Fields – Bruce Ziff
  • The Supreme Court on the Relationship Between the General Law and Collective Labour Relations Regimes: 1875-2016 – Finn Makela

Add this to your library

  • Law Libraries – A valuable addition when a complete Constitutional collection is required
  • Academia – Study the role and impact of the judiciary on the development of the nation and issues of national interest
  • Judges – Reflect on the jurisprudential developments of the judiciary for purposes of articulating or formulating decisions
  • Federal and Provincial Ministries and Counsel – To assist in drafting policies on national issues

This is a collection of papers developed out of the Supreme Court Law Review.

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