Overview
Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution – only four decades old – produced so many surprises? Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and – looking ahead – anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action.
Full Product Details
Author: Howard Kislowicz ,
Richard J. Moon ,
Kerri Anne Froc
Publisher: University of British Columbia Press
Imprint: University of British Columbia Press
Weight: 0.760kg
ISBN: 9780774870047
ISBN 10: 0774870044
Pages: 334
Publication Date: 01 May 2024
Audience:
Professional and scholarly
,
Professional & Vocational
Format: Hardback
Publisher's Status: Active
Availability: In Print
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Reviews
""Canada's Surprising Constitution explores a range of contemporary constitutional matters that will inform those keen to stay abreast of developments in the field.""-- ""Eric M. Adams, Professor, Faculty of Law, University of Alberta""
"""Canada's Surprising Constitution explores a range of contemporary constitutional matters that will inform those keen to stay abreast of developments in the field.""-- ""Eric M. Adams, Professor, Faculty of Law, University of Alberta"""
Author Information
Howard Kislowicz is an associate professor of law at the University of Calgary. His work has been widely published in leading law journals. Richard Moon is a distinguished university professor and a professor of law at the University of Windsor. His books include The Life and Death of Freedom of Expression, Putting Faith in Hate: When Religion Is the Source or Target of Hate Speech, Freedom of Conscience and Religion, and The Constitutional Protection of Freedom of Expression. Kerri A. Froc is an associate professor of law at the University of New Brunswick. Prior to academia, she was a civil litigator and a staff lawyer for the Canadian Bar Association.
