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Canada’s Surprising Constitution: Unexpected Interpretations of the Constitution Act, 1982 (Law and Society)

Canada’s Surprising Constitution: Unexpected Interpretations of the Constitution Act, 1982 (Law and Society)

Howard Kislowicz (Editor), Richard J. Moon (Editor), Kerri Anne Froc (Editor)
$115.00
Publication Date: May 7th, 2024
Publisher:
University of British Columbia Press
ISBN:
9780774870047
Pages:
334
Available for Preorder

Description

A study of the Constitution Act of 1982 and its many readings.

Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution—only four decades old—produced so many surprises?

Canada’s Surprising Constitution investigates unexpected interpretations of the Constitution Act of 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution.

The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and anticipating potential surprises ahead. Its thorough analysis also offers a view of the Constitution in action.

About the Author

Howard Kislowicz is associate professor of law at the University of Calgary. His work has been widely published in leading law journals.

Richard Moon is a distinguished university professor and professor of law at the University of Windsor. He is the author of The Life and Death of Freedom of Expression and others.

Kerri A. Froc is associate professor of law at the University of New Brunswick. Before academia, she was a civil litigator and a staff lawyer for the Canadian Bar Association.

Praise for Canada’s Surprising Constitution: Unexpected Interpretations of the Constitution Act, 1982 (Law and Society)

"Canada’s Surprising Constitution explores a range of contemporary constitutional matters that will inform those keen to stay abreast of developments in the field."
— Eric M. Adams, Professor, Faculty of Law, University of Alberta

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