Mcgill-queen's University Press
A Written Constitution for Quebec?
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About this book
No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue.
Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume.
Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
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Front Matter
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Contents
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Tables and Figures
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Acknowledgments
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Introduction: Constitution and Codification
3 - Framing the Debate
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Oui, Quebec Needs a Written Constitution
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Legal Roadblocks to Proposals for a Quebec Constitution
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Formal Constitutions of the Federating and Federated States of Canada
88 - Purposes and Prospects
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A Codified Quebec Constitution: A Vain Pursuit or the Making of a Sovereign People?
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Interculturalism and the Plea for an Informal Constitution: Responding to the Challenge of Polyethnicity in Quebec
137 -
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Constitutive Power and the Nation(s) of Quebec
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Why Alberta Needs a Constitution
188 - Insights from Abroad
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Political Functions and Limitations of Contemporary State Constitutions in the United States
223 -
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The Brazilian Experience with Subnational Constitutions: What Went Wrong?
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Constitutionalization à l’Écosse: Subnational Constitutionalism as Constitutional Reconciliation
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Should Quebec Adopt a Written Constitution? A (But Not The) Conclusion
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Contributors
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Index
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