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Citizenship  

Ayelet Shachar

Print publication date:
May 2012
Online publication date:
Nov 2012
This article highlights the trials and tribulations of citizenship in a world of increasing mobility and diversity. The discussion is divided into three parts. Section I provides a concise ... More

Constitutional Developments from Jackson through Reconstruction  

Michael Les Benedict

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutional developments during the period from the inauguration of President Andrew Jackson through Reconstruction. It begins with an overview of the tension ... More

Democratic Rights  

Yasmin Dawood

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the scope and protection of democratic rights in Canada. After outlining the source of democratic rights, it focuses on the right to vote by considering judicial ... More

The Developing Legal Dimensions of Union Citizenship  

Niamh Nic Shuibhne

Print publication date:
Jul 2015
Online publication date:
Feb 2015
This chapter explores how the legal dimensions of Union citizenship are developing, more than 20 years after its genesis through the Maastricht Treaty. It first provides a brief overview ... More

Equality and Anti-discrimination: The Relationship between Government Goals and Finding Discrimination in Section 15  

Sonia Lawrence

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter considers the effect of section 1, the “justification” section of the Canadian Charter, on the doctrinal development of section 15, the equality section. It begins by ... More

The Form and Substance of Aboriginal Title: Assimilation, Recognition, Reconciliation  

Patrick Macklem

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter highlights law’s participation in the colonizing projects that initiated the establishment of the Canadian constitutional order. Imperial and subsequently Canadian law deemed ... More

The Justification of Rights Violations: Section 1 of the  

Charles-Maxime Panaccio

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter is about the interpretation of section 1 of the Canadian Charter of Rights and Freedoms. Section 1 allows ‘limits’ to constitutional rights insofar as they are reasonable and ... More

Minority Languages, Education, and the Constitution  

Linda Cardinal and Pierre Foucher

Print publication date:
Oct 2017
Online publication date:
Nov 2017
The chapter discusses minority education language rights in Canada. It argues that there are institutional constraints to the development of those rights, foremost amongst them ... More

Positive Rights  

Emily Zackin

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the status of positive rights in the U.S. Constitution, paying particular attention to disagreements about the nature of positive rights, the meaning and material ... More

Racial Rights  

Girardeau A. Spann

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines race as a contentious issue and a destabilizing influence on the U.S. Constitution. It begins with a review of the evolution of the Constitution from a document that ... More

Section 7: The Right to Life, Liberty, and Security of the Person  

Margot Young

Print publication date:
Oct 2017
Online publication date:
Nov 2017
Section 7 jurisprudence shows strong application of the rights to life, liberty, and security of the person to a range of state action and actors. However, courts have significantly ... More

Social and Economic Rights  

Martha Jackman and Bruce Porter

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the status of socio-economic rights in Canada and the competing constitutional visions that confront Canadian courts in this area. The chapter presents the historical ... More

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