Constitutional Politics in Canada and the United States (SUNY Series in Amercan Constitutionalism)

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Author: Robert J. Spitzer

ISBN-10: 0791459373

ISBN-13: 9780791459379

Category: Foreign Constitutions

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...

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Comparative study of American and Canadian constitutionalism, especially rights jurisprudence.

AcknowledgmentsIntroduction11Can the Canadians Be a Sovereign People? The Question Revisited92Constitutional Interpretation from Two Perspectives: Canada and the United States353Constitutional Rights Jurisprudence in Canada and the United States: Significant Convergence or Enduring Divergence?634The Civil Rights Movement Comes to Winnipeg: American Influence on "Rights Talk" in Canada, 1968-71895The Politics of Comparative Constitutional Law: Implications for Theories of Justice1096"I Know It When I See It": Pornography and Constitutional Vision in Canada and the United states1337American and Canadian Perspectives on Hate Speech and the Limits of Free Expression1538Affirmative Action as a Way to Overcome Disadvantage: Inspiration from Canadian Law1759Do the "Haves" Still Come Out Ahead in Canada?19910For the Love of Justice? Judicial Review in Canada and the United States22311Constitutional Amendment in Canada and the United states249Contributors273Index277