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10. DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada
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Chapters in this book
- Frontmatter i
- Contents vii
- Acknowledgments ix
- Introduction Striking a Balance: The Players and Procedures of Canada’s Constitutional Amending Formula 1
-
PART ONE. The Players
- 1. Searching for an Amending Formula: The 115-Year Journey 19
- 2. Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982 42
- 3. The Federal Principle: Constitutional Amendment and Intergovernmental Relations 65
- 4. Part II and Part V: Aboriginal Peoples and Constitutional Amendment 85
-
PART TWO. The Procedures
- 5. Constitutional Amendment by Legislation 105
- 6. U2: Unanimity versus Unilateralism in Canada’s Politics of Constitutional Amendment 126
- 7. Understanding the Section 43 Bilateral Amending Formula 147
- 8. The Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec 164
- 9. The End of Informal Constitutional Change in Canada? 185
-
PART THREE. The Issues
- 10. DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada 211
- 11. The Uncertain Future of Senate Reform 228
- 12. The Crown and Constitutional Amendment after the Senate Reform and Supreme Court References 248
- 13. “The Most Radical Amendment of All”: The Power to Secede and the Secession Reference 271
- Conclusion. The Future of Canadian Constitutional Amendment 290
- Appendix 307
- Selected Bibliography 313
- Contributors 323
- Index 325
Chapters in this book
- Frontmatter i
- Contents vii
- Acknowledgments ix
- Introduction Striking a Balance: The Players and Procedures of Canada’s Constitutional Amending Formula 1
-
PART ONE. The Players
- 1. Searching for an Amending Formula: The 115-Year Journey 19
- 2. Uncovering the Wall Surrounding the Castle of the Constitution: Judicial Interpretation of Part V of the Constitution Act, 1982 42
- 3. The Federal Principle: Constitutional Amendment and Intergovernmental Relations 65
- 4. Part II and Part V: Aboriginal Peoples and Constitutional Amendment 85
-
PART TWO. The Procedures
- 5. Constitutional Amendment by Legislation 105
- 6. U2: Unanimity versus Unilateralism in Canada’s Politics of Constitutional Amendment 126
- 7. Understanding the Section 43 Bilateral Amending Formula 147
- 8. The Possibilities and Limits of Provincial Constitution-Making Power: The Case of Quebec 164
- 9. The End of Informal Constitutional Change in Canada? 185
-
PART THREE. The Issues
- 10. DIY 101: The Constitutional Entrenchment of the Supreme Court of Canada 211
- 11. The Uncertain Future of Senate Reform 228
- 12. The Crown and Constitutional Amendment after the Senate Reform and Supreme Court References 248
- 13. “The Most Radical Amendment of All”: The Power to Secede and the Secession Reference 271
- Conclusion. The Future of Canadian Constitutional Amendment 290
- Appendix 307
- Selected Bibliography 313
- Contributors 323
- Index 325