The Oxford Handbook of the Canadian Constitution

Peter Oliver, Patrick Macklem and Nathalie Des Rosiers, eds

September 2017
Oxford University Press
ISBN: 9780190664817

Abstract:

The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbookwill discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.

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About the Authors:

Peter C. Oliver has built a national and international reputation for ground-breaking research into constitutional questions. His theoretical, comparative and historical approach has been applied to practical legal problems, such Commonwealth devolution, ever-closer European union, independence and secession.  His recent writing explores Canadian constitutional issues, particularly with regard to constitutional amendment, constitutional conventions and federalism. Much of Professor Oliver’s research focuses on shifting understandings of two central theoretical concepts: ‘sovereignty’ and ‘legal system’. His careful treatment of both concepts yields a theoretical account of fundamental legal transitions, one whose practical consequence is to explain how constitutional continuity can produce constitutional independence. Oliver’s work has been cited across the world, in leading publications in Australia, Canada, India, Israel, New Zealand, South Africa, the United Kingdom and the United States.

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At the time of her election as MPP for Ottawa-Vanier, Nathalie Des Rosiers was Dean of the Faculty of Law-Common Law at University of Ottawa.  She has served as the General Counsel for the Canadian Civil Liberties Association, (CCLA) a national organization that acts as a watchdog for the protection of human rights and civil liberties in Canada, from 2009 to 2013.

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