Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms

By James B. Kelly

Book Overview

The introduction of the Canadian Charter of Rights and Freedom in 1982 was accompanied by much fanfare and public debate, and the Charter remains the subject of controversy 25 years later. Contested Constitutionalism does not celebrate the Charter; it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples in Canada. Employing a diversity of methodological approaches, contributors explore three themes: Governance and institutions, policy making and the courts, and citizenship and identity politics. The influence of the Charter has bee profound, they conclude, but has it been beneficial? This nuanced book shifts the focus of debate from the Charter's appropriateness to its impact--for better or worse--on political institutions, public policy, and conceptions of citizenship. It will be of interest to students and practitioners of law, public policy, and political science.

• Format: Hardcover
• Language: English
• ISBN: 0774816740
• ISBN13: 9780774816748
• Release Date: May 2009
• Publisher: UBC Press
• Length: 320 Pages