Constitutional amendment in Canada / edited by Emmett Macfarlane.
2016
KE4228 .C667 2016 (Map It)
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Details
Title
Constitutional amendment in Canada / edited by Emmett Macfarlane.
Published
Toronto ; Buffalo ; London : University of Toronto Press, [2016]
Copyright
©2016
Call Number
KE4228 .C667 2016
ISBN
9781442640498 (cloth ; acid-free paper)
1442640499 (cloth)
9781442628731 (paper)
1442628731 (paper)
1442640499 (cloth)
9781442628731 (paper)
1442628731 (paper)
Description
x, 337 pages ; 24 cm
System Control No.
(OCoLC)948828234
Summary
"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."-- Provided by publisher.
"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."-- Provided by publisher.
"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."-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages 313-322) and index.
Includes
Verrelli, Nadia, 1975- Searching for an amending formula.
Record Appears in
Table of Contents
Acknowledgments
ix
Introduction -- Striking a Balance: The Players and Procedures of Canada's Constitutional Amending Formula / Emmett Macfarlane
3
pt. One
Players
1.
Searching for an Amending Formula: The 115-Year Journey / Nadia Verrelli
19
2.
Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982 / Adam Dodek
42
3.
Federal Principle: Constitutional Amendment and Intergovernmental Relations / Carissima Mathen
65
4.
Part II and Part V: Aboriginal Peoples and Constitutional Amendment / Christa Scholtz
85
pt. Two
Procedures
5.
Constitutional Amendment by Legislation / Warren J. Newman
105
6.
U2. Unanimity versus Unilateralism in Canada's Politics of Constitutional Amendment / Rainer Knopff
126
7.
Understanding the Section 43 Bilateral Amending Formula / Dwight Newman
147
8.
Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec / Emmanuelle Richez
164
9.
End of Informal Constitutional Change in Canada? / Mark D. Jarvis
185
pt. Three
Issues
10.
DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada / Erin Crandall
211
11.
Uncertain Future of Senate Reform / Emmett Macfarlane
228
12.
Crown and Constitutional Amendment after the Senate Reform and Supreme Court References / Patrick Baud
248
13.
"The Most Radical Amendment of All": The Power to Secede and the Secession Reference / Kate Puddister
271
Conclusion: The Future of Canadian Constitutional Amendment / Emmett Macfarlane
290
Appendix: Text of Part V of the Constitution Act, 1982
307
Selected Bibliography
313
Contributors
323
Index
325