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Vol 21 No 9 Sept/Oct 2016

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Goode on Commercial Law

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Rethinking the Constitution

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ISBN13: 9780195411782
ISBN: 0195411781
Published: May 1997
Publisher: Oxford University Press
Format: Paperback
Price: Out of print

The interpretive enterprise of Charter review, and the symbolic politics it has generated have had consequences far beyond the purview of Canadian courts and the parties, to constitutional litigation. The problems that plagued constitutional reform in the late 1980s and early 1990s, and that resulted in the demise of the Charlottetown Accord as well as of the federal Progressive Conservative Party itself, seemed intimately related to the politics of judicial review. Was there a common thread linking the problems of Canadian constitutional reform, interpretation and theory? The contributors to this book believe that there was, and the essays throughout it addresses these themes with a view of rethinking them in the context of Canadian liberal constitutionalism.

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Introduction: The Necessity of Rethinking the Constitution. Part I: Constitutional Reform.
1: Robert Martin: A Lament for British North America.
2: H.D. Forbes: Trudeau's Moral Vision.
3: Christopher P. Manfredi: On the Virtues of a Limited Constitution: Why Canadians Were Correct to Reject the Charlottetown Accord. Part II: Constitutional Interpretation.
4: F.L. Morton and Rainer Knopff: The Supreme Court as the Vanguard of the Intelligentsia: The Charter Movement as Postmaterialist Politics.
5: Bradley C.S. Watson: The Language of Rights and the Crisis of the Liberal Imagination.
6: Karen Selick: Rights and Wrongs in the Canadian Charter.
7: Anthony P. Peacock: Strange Brew: Tocqueville, Rights and the Technology of Equality.
8: John T. Pepall: What's the Evidence?.
9: Gerald Owen: Disclosure After Stinchcombe.
10: Scott Reid: Penumbras for the People: Placing Judicial Supremacy Under Popular Control. Part III: Constitutional Theory.
11: Barry Cooper: Theoretical Perspectives on Constitutional Reform in Canada.
12: Tom Darby and Peter C. Emberley: ""Political Correctness"" and the Constitution: Nature and Convention Re-examined.
13: Robert Martin: Reconstructing Democracy: Orthodoxy and Research in Law and Social Science