In an era where federal-provincial tensions over Canada’s
international commitments dominate headlines, a clear understanding of
our nation’s foreign affairs powers has never been more crucial.
Foreign Affairs in the Canadian Constitution analyzes how Canada’s
foreign affairs power has been applied, and how it is defined within
the law. Drawing on case studies from federal-provincial flashpoints
over free trade in the 1980s to the showdown in the Supreme Court of
Canada over federal climate change legislation, Scott Fairley bridges
the silos of federal executive power cloaked in the royal prerogative
and constitutionally divided federal and provincial legislative powers
to define an integrated understanding of foreign affairs within
Canada’s constitution. He also highlights this Canadian historical
anomaly among federal states through comparative analyses of analogous
countries, specifically Australia and the United States. He then
makes the case that this anomaly has actually been resolved through
constitutional evolution, governmental practice, and judicial
interpretation which have firmly established foreign affairs as a
constitutionally supported field of federal jurisdiction. This
rigorously argued account enables a better understanding of Canada as
a unified nation-state within the community of nations.
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Produktdetaljer
ISBN
9780774872447
Publisert
2025
Utgiver
University of British Columbia Press
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter