Constitutional Politics in Canada after the Charter: Liberalism, Communitarianism, and Systemism

Constitutional Politics in Canada after the Charter: Liberalism, Communitarianism, and Systemism

by Patrick James

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Overview

Since the Charter of Rights and Freedoms was introduced, Canada has experienced more than twenty-five years of constitutional politics and countless debates about the future of Canada. There has, however, been no systematic attempt to identify general theories about Canada's constitutional evolution. Patrick James corrects this oversight. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past – and the future – of the Canadian federation.

Product Details

ISBN-13: 9780774817875
Publisher: University of British Columbia Press
Publication date: 12/13/2010
Series: Law and Society Series
Pages: 190
Product dimensions: 5.90(w) x 8.90(h) x 0.50(d)
Age Range: 18 Years

Table of Contents

1 Constitutional Politics in Canada: The Charter and Beyond

2 Systemism and Canadian Constitutional Politics

3 Identifying Concepts and Theories

4 Liberal Theories: Negative Identity, Megapolitics, and Institutional Imbalance

5 Communitarian Theories: Asymmetrical Federalism and the Citizens’ Constitution

6 A Critique and Comparison of Liberal and Communitarian Theories

7 Conclusion

Notes

References

Index

What People are Saying About This

James Kelly

Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada .. He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies.

From the Publisher

"Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada .. He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies."—James Kelly, author of Governing with the Charter: Legislative and Judicial Activism and Framers' Intent and co-editor of Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms

"Patrick James provides a highly intelligent and balanced synthesis of twenty—five years of constitutional politics literature in Canada. . . . He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies."—James Kelly, author of Governing with the Charter: Legislative and Judicial Activism and Framers' Intent and co—editor of Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms

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