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While much ink has been spent assessing the substance and scope of the rule of law as an organizing legal principle, relatively little attention has been given to what the Supreme Court of Canada has identified as its companion principle: constitutionalism.
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.
This volume marks a concerted effort by an intellectually diverse range of scholars to reflect not only on the substance and scope of the unwritten principle of constitutionalism, but also on what it means to be a constitutionalist.
The Collection of Papers
- The Honourable Russell Brown – Foreword
- Ryan Alford – An Oak Whose Leaf Fadeth: The Barrenness of Constitutionalism without Constitutional History
- Brian Bird and Kristopher Kinsinger – Constitutional Exegesis, Animating Principles and Toronto v. Ontario
- Vanessa MacDonnell and Philippe Lagassé – Investigating the Legal and Political Contours of Unwritten Constitutional Principles after City of Toronto
- Richard Albert – The Most Powerful Court in the World? Judicial Review of Constitutional Amendment in Canada
- Yaniv Roznai – We the Limited People? On the People as a Constitutional Organ in Constitutional Amendments
- Stéphane Sérafin, Kerry Sun and Xavier Foccroulle Ménard – Notwithstanding Judicial Specification: The Notwithstanding Clause within a Juridical Order
- Michael P. Foran and Conor Case – Constitutionalism and the Common Good: On the Role of Unwritten Principles
- Peter D. Lauwers – A Voice from the Attic: A Canadian Take on Common Good Constitutionalism
- Matthew P. Harrington – Unwritten Principles and the American Constitution
Unwritten Constitutionalism is a collection of papers developed out of the Supreme Court Law Review, Second Series.
Table of contents
PART I: UNWRITTEN PRINCIPLES AND THE CITY OF TORONTO RULING
PART II: CONSTITUENT POWER AND CONSTITUTIONAL AMENDMENT
PART III: NATURAL LAW AND COMMON GOOD CONSTITUTIONALISM
PART IV: SPECIAL COMPARATIVE ARTICLE