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Law General

The Oxford Handbook of the Canadian Constitution

edited by Peter Oliver, Patrick Macklem & Nathalie Des Rosiers

Publisher
Oxford University Press
Initial publish date
Aug 2017
Category
General
  • Hardback

    ISBN
    9780190664817
    Publish Date
    Aug 2017
    List Price
    $235.00

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Description

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.

About the authors

Peter Oliver is a professor in the Department of History at York University and Editor-in-Chief of the Osgoode Society for Canadian Legal History.

Peter Oliver's profile page

Patrick Macklem is a Professor of Law at the Faculty of Law, University of Toronto.

Patrick Macklem's profile page

Nathalie Des Rosiers is president of the Law Commission of Canada and a professor of law at the University of Ottawa. Professor Des Rosiers is a former president of the Association des juristes d'expression francaise de l'Ontario and of the Canadian Association of Law Teachers. She was a member of the Environmental Appeal Board from 1998–2000 and a member of the Ontario Law Reform Commission from 1993–1996.

Nathalie Des Rosiers' profile page

Editorial Reviews

"Leading scholars provide a comprehensive and deeply informed overview of Canada's Constitution - its history, its content, its gaps and infelicities, and its potential future. Readers can dip into the book to gain a foothold into deeper investigations, or sample several chapters to see the Canadian Constitution in the large. This is an essential resource for people anywhere in the world interested in Canada's constitution, or constitutionalism in general."

--Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard University Law School

"This addition to the Oxford Handbook series offers illuminating insights into the history and reach of Canada's Constitution. The Canadian Constitution has been compared to a living tree. This book describes that tree. It takes us from the Constitution's roots in Indigenous, French and English law, and explores its growth over the past 150 years to what it is now - a vast and solid tree strong of trunk and lush of branches. The essays in this book tell the story of Canada's constitutional tree, and of the people who have nourished and shaped it. It is a compelling story that will inform and interest jurists and constitutional historians in Canada and abroad."

--Mark Tushnet, William Nelson Cromwell Professor of Law Harvard Law School

"This landmark publication is a hugely important research resource, edited by three of Canada's leading constitutionalists. It draws together a seminal and exhaustive collection of papers covering multiple aspects of Canadian constitutional history and recent developments. It provides scholars of Canadian and comparative constitutional law with a truly comprehensive and authoritative compendium that illuminates Canada's constitutional tradition in all its diversity."

--Stephen Tierney, Professor of Constitutional Theory, School of Law, University of Edinburgh

"This Handbook offers fascinating insight in history, theory, and doctrine across the field of Canadian constitutional law. The organization of chapters is contemporary, reflecting current Canadian constitutional priorities and concerns. The list of authors is a who's who of scholars of Canadian constitutionalism. An insiders' view of a constitutional system, of this kind, is an invaluable resource for comparative constitutional law."

--Cheryl Saunders, Laureate Professor Emeritus, The University of Melbourne Law School, Australia