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Constitutional Politics in Canada and the United States
Constitutional Politics in Canada and the United States
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Stephen L. Newman - Editor
SUNY series in American Constitutionalism
Price: $95.00 
Hardcover - 290 pages
Release Date: January 2004
ISBN10: 0-7914-5937-3
ISBN13: 978-0-7914-5937-9

Quantity:  
Price: $32.95 
Paperback - 290 pages
Release Date: 
ISBN10: 0-7914-5938-1
ISBN13: 978-0-7914-5938-6

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Summary Read First Chapter image missing

Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

“The[se] … essays … are a much-needed addition to the literature on comparative Canadian-American studies and will, one hopes, help generate further research on the intriguing topic of similarities and differences between the Canadian and American constitutions.” — Literary Review of Canada

"There is a growing interest in comparative constitutionalism and Canada's experience, making this a highly significant and important book. The comparative dimension on constitutional politics is what distinguishes this collection." — B. Jamie Cameron, editor of The Charter's Impact on the Criminal Justice System

"Canadian and American scholars of constitutionalism rarely look across their respective borders to consider the extent to which there are shared constitutional assumptions. This book reinforces the idea that we should understand our constitutions through comparative insights." — Janet L. Hiebert, author of Charter Conflicts: What is Parliament's Role?

Contributors include Raymond Bazowski, Ian Brodie, Sandra Clancy, Ian Greene, Ran Hirschl, Samuel V. LaSelva, F. L. Morton, Ronalda Murphy, Stephen L. Newman, Sheldon D. Pollack, Peter H. Russell, and Robert Vipond.

Stephen L. Newman is Associate Professor of Political Science at York University. He is the author of Liberalism at Wits' End: The Libertarian Revolt Against the Modern State.


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Table of Contents

Acknowledgments

Introduction
Stephen L. Newman

1. Can the Canadians be a Sovereign People? The Question Re-visited
Peter H. Russell

2. Constitutional Interpretation from Two Perspectives: Canada and the United States
Sheldon D. Pollack

3. Constitutional Rights Jurisprudence in Canada and the United States: Significant Convergence or Enduring Divergence?
Ran Hirschl

4. The Civil Rights Movement Comes to Winnipeg: American Influence on "Rights Talk" in Canada, 1968-71
Rob Vipond

5. The Politics of Comparative Constitutional Law: Implications for Theories of Justice
Ronalda Murphy

6. "I Know It When I See It": Pornography and Constitutional Vision in Canada and the United States
Samuel V. LaSelva

7. American and Canadian Perspectives on Hate Speech and the Limits of Free Expression
Stephen L. Newman

8. Affirmative Action as a Way to Overcome Disadvantage: Inspiration from Canadian Law
Sandra Clancy

9. Do the "Haves" Still Come Out Ahead in Canada?
Ian Brodie and F. L. Morton

10. For the Love of Justice? Judicial Review in Canada and the United States
Raymond Bazowski

11. Constitutional Amendment in Canada and the United States
Ian Greene

Contributors

Index



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