Constitutional Politics in Canada and the United States

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Stephen L. Newman
SUNY Press, 2004 M01 1 - 282 páginas
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.

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Introduction
1
Can the Canadians Be a Sovereign People? The Question Revisited
9
Constitutional Interpretation from Two Perspectives Canada and the United States
35
Constitutional Rights Jurisprudence in Canada and the United States Significant Convergence or Enduring Divergence?
63
The Civil Rights Movement Comes to Winnipeg American Influence on Rights Talk in Canada 196871
89
The Politics of Comparative Constitutional Law Implications for Theories of Justice
109
I Know It When I See It Pornography and Constitutional Vision in Canada and the United States
133
American and Canadian Perspectives on Hate Speech and the Limits of Free Expression
153
Affirmative Action as a Way to Overcome Disadvantage Inspiration from Canadian Law
175
Do the Haves Still Come Out Ahead in Canada?
199
For the Love of Justice? Judicial Review in Canada and the United States
223
Constitutional Amendment in Canada and the United States
249
Contributors
273
Index
277
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Stephen L. Newman is Associate Professor of Political Science at York University. He is the author of Liberalism at Wits’ End: The Libertarian Revolt Against the Modern State.

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