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Constitutional Politics in Canada after the Charter
Liberalism, Communitarianism, and Systemism
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Patrick James
Language:
English
Published/Copyright:
2011
About this book
The Charter of Rights and Freedoms was introduced in 1982. Since then, Canada has experienced more than twenty-five years of constitutional politics and countless debates about whether the Canadian federation is integrating or disintegrating. There has, however, been no systematic attempt to identify general theories about Canada’s constitutional evolution.
Patrick James corrects this oversight by using systemism, a concept drawn from the philosophy of science, to identify and assess five theories that fall into the liberal or communitarian paradigms. These theories are examined in the context of major issues such as the role of the courts or the status of Aboriginal peoples, and debates among advocates and critics of each theory are used to work toward a greater understanding of constitutional wrangling in Canada. By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past – and the future – of the Canadian federation.
Author / Editor information
Patrick James is a professor of international relations and director of the Center for International Studies at the University of Southern California.
Reviews
James Kelly, author of Governing with the Charter: Legislative and Judicial Activism and Framers' Intent and co-editor of Contested Constitutionalism: Reflections on the Canadian Charter of Rights and Freedoms:
Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada ... He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies.
Patrick James provides a highly intelligent and balanced synthesis of twenty-five years of constitutional politics literature in Canada ... He also develops an innovative theoretical approach (systemism) to evaluate competing constitutional theories and to test the theoretical significance of competing constitutional approaches. Simply put, as an exercise in theory building, testing, and evaluation, this book makes a unique contribution to the state of Canadian politics and constitutional studies.
Topics
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Front Matter
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Contents
vii -
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Figures
viii -
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Acknowledgments
ix -
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Constitutional Politics in Canada: The Charter and Beyond
1 -
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Systemism and Canadian Constitutional Politics
11 -
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Identifying Concepts and Theories
28 -
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Liberal Theories: Negative Identity, Megapolitics, and Institutional Imbalance
49 -
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Communitarian Theories: Asymmetrical Federalism and the Citizens’ Constitution
81 -
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A Critique and Comparison of Liberal and Communitarian Theories
105 -
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Conclusion
135 -
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Notes
143 -
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References
152 -
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Index
174 -
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Law and Society
183
Publishing information
Pages and Images/Illustrations in book
eBook published on:
August 15, 2023
eBook ISBN:
9780774817882
Pages and Images/Illustrations in book
Main content:
200
eBook ISBN:
9780774817882
Audience(s) for this book
For an expert adult audience, including professional development and academic research
