Section 33 – what is commonly referred to as the notwithstanding clause (NWC) – was written into the Canadian Charter of Rights and Freedoms to allow Parliament and the provinces to provisionally override certain Charter rights. The Notwithstanding Clause and the Canadian Charter examines the NWC from all angles and perspectives, considering who should have the last word on matters of rights and justice – the legislatures or the unelected judiciary – and what balance liberal democracy requires. In the case of Quebec, the use of the clause has been justified as necessary to preserve the province’s culture and promote its identity as a nation. Yet Quebec’s pre-emptive and sweeping invocation of the clause also challenges the scope of judicial review and citizens’ recourse to it, and it tests the assumption that a dialogue between the judiciary and the legislature is always preferable in instances in which the legislative branch decides to suspend the operation of certain Charter rights and freedoms. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada. The significance, effects, and legitimacy of the NWC have been vigorously debated within scholarship and among politicians and activists since the patriation of the Canadian Constitution in 1982. In The Notwithstanding Clause and the Canadian Charter leading scholars, jurists, and policy experts elucidate and prescribe reforms to the application of this consequential clause about which so much is written, and around which there is relatively little consensus.

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

Focusing on the protection of rights in the UK, this book establishes a framework for interactions to better protect rights, facilitate deliberation, engage citizens, and provide for checks and balances. It further evaluates how well these values are achieved in the UK constitution now, and in light of a British Bill of Rights and Brexit.

"Lucid and comprehensive, this fourth edition of The Canadian Regime includes analysis of the 2008 federal election, as well as updated discussions of coalition government, the single transferable vote, and the role of the Governor General, The authors also explore new developments in Senate reform and Supreme Court appointments. Like its predecessors, this edition provides a unique analysis of Canada's political regime by challenging readers to think of the political system as an organic entity where change in one area inevitably ripples through the rest of the system."--BOOK JACKET.

Policy Change, Courts, and the Canadian Constitution aims to further our understanding of judicial policy impact and the role of the courts in shaping policy change. Bringing together a group of political scientists and legal scholars, this volume delves into a diverse set of policy areas, including health care issues, the regulation of elections, criminal justice policy, minority language education, citizenship, refugee policy, human rights legislation, and Indigenous policy. While much of the public law and judicial politics literatures focus on the impact of the constitution and the judicial role, scholarship on courts that makes policy change its central lens of analysis is surprisingly rare. Multidisciplinary in its approach to examining policy issues, this book focuses on specific cases or policy issues through a wide-ranging set of approaches, including the use of interview data, policy analysis, historical and interpretive analysis, and jurisprudential analysis.

At times the deep disagreements surrounding Canada's constitutional debates have led Canadians to wonder whether the country can - or should - survive. In Reimagining Canada Jeremy Webber argues that there is a viable basis for a Canadian community, one which would enjoy the robust allegiance of the vast majority of Canadians.

In October 2015, the federal Liberals came to power with sweeping plans to revamp Canada's democratic and federal institutions - a modernizing agenda intended to revitalize Canada's democratic architecture. The centrepiece of the agenda was the replacement of Canada's first-past-the-post electoral system, but they also promised to revitalize relations with the provinces, bring Indigenous Peoples into the intergovernmental fold, and to change the ways in which senators and Supreme Court justices are appointed. How has the reform agenda faired? Has it resulted in a more effective and democratic set of political and federal institutions? Or has it largely failed to deliver on these objectives? What, more broadly, is the state of Canada's democratic and federal institutions? The Queen's Institute of Intergovernmental Relations used the occasion of Canada's 150th birthday to examine these pressing issues. The 2017 volume in the State of the Federation series focuses on enduring questions about the functioning of federalism and intergovernmental relations in Canada, including how we should evaluate the quality of Canada's institutions and practices in light of our federal structure, and how current institutional arrangements and their possible alternatives fare according to these criteria.

This landmark volume of specially commissioned, original contributions by top international scholars organizes the issues and controversies of the rich and rapidly maturing field of comparative constitutional law. Divided into sections on constitutional design and redesign, identity, structure, individual rights and state duties, courts and constitutional interpretation, this comprehensive volume covers over 100 countries as well as a range of approaches to the boundaries of constitutional law. While some chapters reference the text of legal instruments expressly labeled constitutional, others focus on the idea of entrenchment or take a more functional approach. Challenging the current boundaries of the field, the contributors offer diverse perspectives - cultural, historical and institutional - as well as suggestions for future research. A unique and enlightening volume, Comparative Constitutional Law is an essential resource for students and scholars of the subject.

This book fills a gap in constitutional law by examining the global trend towards the substantive constitutional adjudication of electoral legislation. It explores the premises on which this judicial scrutiny is grounded, seeks to explain the trend, and examines its consequences for representative democracy. The book offers a comparative analysis of the issue, investigating how the exchange of models and arguments among judges has catalysed the progressive departure from a traditionally deferential approach to electoral norms-an approach that still persists in a few jurisdictions. To accomplish this, the book delves into the democratic foundations of electoral systems and their evolution. It also explores the methodological choices that constitutional judges face when dealing with electoral legislation. This groundwork sets the stage for an in-depth review of case law in more than fifteen legal systems spanning North and South America, Africa, Asia, Oceania, and Europe. The objective is to identify the underlying concept of democracy that courts aim to promote. The authors critically discuss the varying ideas of democracy evident in each jurisdiction, including the use of constitutional borrowing, and they analyse the effects of judgments on the relationship between courts, representative institutions, and voters. Given its global scope, the combination of theoretical and practical approaches, and the comprehensive comparative assessment it provides, this work is of interest to academics in the fields of law, political science, and philosophy. It is also relevant for policymakers and judges in constitutional democracies across continents.

- NEW! Thoroughly updated and expanded coverage of top-of mind ethical and legal topics concerning mental illness, vulnerable populations, refugees, LGBTQ persons, advancing technologies, social media, violence in the workplace, regulatory management of entry to practice, the scope of various categories of nurses, Medical Assistance in Dying (MAID), social justice, and much more! - NEW! Revised coverage of the Canadian judicial system and the role of the Charter of Rights and Freedoms includes discussion of professional liability insurance concerns, new discussion of the trial process in relation to medical malpractice and negligence claims, review of current case law regarding consent and Indigenous rights, and more. - NEW! Additional Case Scenarios, tables and figures help to illustrate complex topics and pertinent concepts. - NEW! UNIQUE! Revised 2017 CNA Code of Ethics incorporated into text - NEW! Cross-country examples of regulatory and legal issues cover a large number of provinces and territories. - NEW! Redesigned text layout improves text readability and visual appeal.