Constitutional amendment in Canada

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書誌事項

Constitutional amendment in Canada

edited by Emmett Macfarlane

University of Toronto Press, c2016

  • : paper

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注記

Includes bibliographical references (p. [313]-322) and index

内容説明・目次

内容説明

In Canada, the 1982 Constitution Act contains the amending formula, which outlines a set of procedures required to make changes to the constitution. Recent debates over Senate reform, the status of the Supreme Court of Canada, and the rules governing royal succession have highlighted how important the amending formula is in maintaining the vitality and relevance of the governing system. Constitutional Amendment in Canada is the first volume to focus solely on the implications of the amending formula in Canada. Emmett Macfarlane has brought together a group of expert authors to address such topics as the difficulties of constitutional reform, the intersection of various levels of government and the judiciary, and the ability of the public to veto proposed changes. Filling a serious gap in the literature, Constitutional Amendment in Canada is an authoritative study of the historical and contemporary implications of the amending formula.

目次

Acknowledgment Introduction - Striking a Balance: The Players and Procedures of Canada's Constitutional Amending Formula Emmett Macfarlane Part One: The Players 1 Searching for an Amending Formula: The 115-year Journey Nadia Verrelli 2 Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982 Adam Dodek 3 The Federal Principle: Constitutional Amendment and Intergovernmental Relations Carissima Mathen 4 Part II and Part V: Aboriginal Peoples and Constitutional Amendment Christa Scholtz Part Two: The Procedures 5 Constitutional Amendment by Legislation Warren J. Newman 6 U2: Unanimity vs. Unilateralism in Canada's Politics of Constitutional Amendment Rainer Knopff 7 Understanding the Section 43 Bilateral Amending Formula Dwight Newman 8 The Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec Emmanuelle Richez 9 The End of Informal Constitutional Change in Canada? Dennis Baker and Mark D. Jarvis Part Three: The Issues 10 DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada Erin Crandall 11 The Uncertain Future of Senate Reform Emmett Macfarlane 12 The Crown and Constitutional Amendment after the Senate and Supreme Court References Philippe Lagass and Patrick Baud 13 "The Most Radical Amendment of All": The Power to Secede and the Secession Reference Kate Puddister Conclusion: The Future of Canadian Constitutional Amendment Emmett Macfarlane Appendix: Text of Part V of the Constitution Act, 1982 Selected Bibliography Contributors Index

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