Constitutional Politics in Canada and the United StatesStephen 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. |
Contenido
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 |
277 | |
Otras ediciones - Ver todas
Constitutional Politics in Canada and the United States Stephen L. Newman Vista previa limitada - 2012 |
Constitutional Politics in Canada and the United States Stephen L. Newman Sin vista previa disponible - 2004 |
Términos y frases comunes
aboriginal Accord affirmative action African amendment American analysis approach argued argument authority Bill of Rights Canada Canadian challenge Charter Charter of Rights civil claims comparative concern constitutional constitutionalism countries critics cultural debate decision democracy democratic disadvantage discrimination discussion effect efforts equality example expression fact federal federal government feminist freedom groups hate human important individual institutions interest interpretation issue judges judicial review judiciary jurisprudence Justice language legislation legislatures liberal limited litigation majority means ment minority movement nature objective organizations original particular past political pornography positive practice principles problem protection provincial Quebec question race reason reference requires role rulings social society South speech status success Supreme Court theory tion Toronto Trudeau understanding United University University Press values Winnipeg women