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.
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Unexpected Interpretations of the Constitution Act, 1982
Produktdetaljer
ISBN
9780774870078
Publisert
2024
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok