Federalism-in-the-making : contemporary Canadian and German constitutionalism, national and transnational
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Bibliographic Information
Federalism-in-the-making : contemporary Canadian and German constitutionalism, national and transnational
Kluwer Academic Publishers, c1992
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Papers presented at a bilateral, Canadian-German conference held in Vancouver at the Simon Fraser University's downtown, Harbour Centre, on 26 and 27 September 1991
Includes bibliographical references and index
Description and Table of Contents
Description
The long-continuing constitutional debate, within Canada has brought a search today for new constitutional-governmental models of paradigms capable of taking us all safely into the twenty-first century.
For students of Contemporary Constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany.
This volume is the result of a special bilateral Canadian-German conference organised by the Simon Fraser University and the Goethe-Institut of Vancouver in 1991 on the theme `The Challenge of Contemporary Constitutionalism: Canadian and German Federalism-in-the-Making'. The essays it contains, from many distinguished judges and professors from both countries, form a unique contribution both to scientific knowledge in Constitutionalism and to current ventures in Constitution-making and drafting in a number of countries -- Western and Eastern Europe, North America -- around the world.
Table of Contents
- Preface - the unfolding of federalism, W. Wolf
- introduction - federalism as process - the national, transnational (regional) and international, E. McWhinney
- constitution-making in an era of transition - constitutional reform, national unity and the federal question in plural societies, E. McWhinney
- the position and function of the Bundesverfassungsgericht (Federal Constitutional Court) in a reunited Germany, E. Benda
- constitutional review in times of social and political change - Canadian experience, M.R. MacGuigan
- function and limits of judge-made law in German constitutional law and the European Community law, K. Doehring
- the rule of law and the Rechtsstaat concept - a comparison, J.-Y. Morin
- transfer of sovereign powers and international law, H. Mosler
- international law and the rights of indigenous (native) peoples, J. Deschenes
- international law and the concept of a New World Order, W. Wengler
- Canada, Germany and "responsible internationalism" for the post-Cold War era, D.A. Ross
- constituting modernity - the epic horizons of constitutional narratives, J. Zaslove.
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