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.

This book offers a comprehensive comparative guide to constitutional amendment in Europe and North America. The contributions to the book are written by experts in comparative constitutional law and looks at a particular country providing a critical analysis of its constitutional revision principles, procedure, practice and developments. The volume includes a final chapter with a comparative analysis on constitutional amendment elaborating on and attempting to develop an explanatory theory regarding the points of convergence as well as the detected differentiations. Thus allowing the comparative elements interesting at an international level to emerge and be assessed.

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

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.

Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.

Spanning over two centuries of constitutional developments in the United States & Canada, this comprehensive collection of essays brings together the provocative writings of prominent political scientists & jurists from both countries on the historical origins, ideology, function & political determinants of the two working constitutional systems. The book's lively & clear analysis summarises the intricate details of constitutional politics in a way that will help readers to face up to the historical choices that now confront us. Policies that have dominated public debate in recent years are examined under four broad headings: federalism, church-state relations, the politics of rights & the role of judges in formulating public policy. Addressed both to students of law, history & political science & to all who are concerned about their constitutional future, these essays examine issues that have led to profound changes in the lives of ordinary citizens in both countries.

Why do the United States and Canada have such divergent political cultures when they share one of the closest economic and cultural relationships in the world? Canadians and Americans consistently disagree over issues such as the separation of church and state, the responsibility of government for the welfare of everyone, the relationship between federal and subnational government, and the right to marry a same-sex partner or to own an assault rifle. In this wide-ranging work, Jason Kaufman examines the North American political landscape to draw out the essential historical factors that underlie the countries’ differences. He discusses the earliest European colonies in North America and the Canadian reluctance to join the American Revolution. He compares land grants and colonial governance; territorial expansion and relations with native peoples; immigration and voting rights. But the key lies in the evolution and enforcement of jurisdictional law, which illuminates the way social relations and state power developed in the two countries. Written in an accessible and engaging style, this book will appeal to readers of sociology, politics, law, and history as well as to anyone interested in the relationship between the United States and Canada.