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    Forgotten foundations of the Canadian constitution / general editors, Brian Bird, B.A., J.D, B.C.L. D.C.L. of the British Columbia Bar, Derek Ross, LL.B., LL.M. of the Ontario Bar.

    • Title:Forgotten foundations of the Canadian constitution / general editors, Brian Bird, B.A., J.D, B.C.L. D.C.L. of the British Columbia Bar, Derek Ross, LL.B., LL.M. of the Ontario Bar.
    •    
    • Related Title:Supreme Court law review.
    • Other Contributors/Collections:Bird, Brian, (Brian D. N.), editor.
      Ross, Derek B. M., editor.
    • Published/Created:Toronto, Ontario : LexisNexis Canada, 2022.
      ©2022
    • Holdings

      • Location:LAW LIBRARY special collections (non-circulating)Where is this?
      • Call Number:No call number available 
      • Order Information:1 Copy Received as of 02-22-2023
      • Number of Items:1
      • Status:Available
       
    • Library of Congress Subjects:Canada. Canadian Charter of Rights and Freedoms.
      Constitutional law--Canada.
    • Description:xxxi, 418, 7 pages ; 23 cm
    • Summary:"40 years after the Canadian Charter of Rights and Freedoms arrived and 155 years after Confederation, it might be tempting to think that we have come to grasp all of the facets of the Canadian Constitution. Forgotten Foundations of the Canadian Constitution reveals that the opposite is true. Many aspects of Canada's constitutional order remain undertheorized and merit closer examination. This collection seeks to excavate and explain a variety of foundational elements of the Canadian Constitution. Some of these elements reside in the text, some beneath it, and some only come into focus when the written and unwritten portions of the Constitution speak to each other. The result is an enriching exploration of Canada's constitutional architecture that will not only aid the work of judges, lawyers and scholars. It will benefit anyone who wishes to grow in knowledge of -- and appreciation for -- Canada's supreme law."-- Provided by publisher.
    • Additional formats:Issued also in electronic format.
    • Notes:Originally published as: Supreme Court Law Review, 2nd series; volume 105.
      Includes table of cases.
      Includes bibliographical references.
    • ISBN:9780433523000 (softcover)
      043352300X (softcover)
      9780433518945 (softcover)
      0433518944 (softcover)
    • Contents:The forgotten roots of Canada's living tree: constitutional interpretation and the rule of law / Marshall Rothstein
      God in the Constitution: the supremacy of God Clause in the Preamble to the Canadian Charter of Rights and Freedoms / Dwight Newman
      The first division of power: state authority and the Preamble to the Charter / John Sikkema
      The rule of law in judicial review today / Mark P. Mancini
      Resetting the foundations: renewing freedom of expression under section 2(b) of the Charter / Jamie Cameron
      Pluralism and freedom from assimilation: a foundation for a "free and democratic society" / Derek B.M. Ross
      The truck and the brakes: understanding the Charter's limitations and notwithstanding clauses symmetrically / Geoffrey T. Sigalet
      Unchartered rights and the free and democratic society / Brian Bird
      "The rights retained by the people": the implications of the Ninth Amendment for the interpretation of Section 26 of the Charter / Matthew P. Harrington
      All the voices of religious freedom / Blair Major
      Section 31 and the Charter's unexplored constraints on state power / AndreĢ Schutten, Tabitha Ewert
      Applied legal history and the principled way forward to the recognition of implied fundamental rights / Ryan Alford
      Bringing about a Reformation? Religious freedom and Canadian constitutionalism, 1759-1774 / Kristopher E.G. Kinsinger.
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