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The Canadian Constitution and the World  

Sujit Choudhry

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the influence of elements of Canada’s constitutional model abroad, in three areas: (1) the Canadian Charter of Rights and Freedoms as an innovative way to ... More

Complex Polities  

Malcolm M. Feeley

Print publication date:
Jun 2005
Online publication date:
Sep 2012
This article explores several of the more widely used constitutional devices used to structure political life in complex societies in ways that give voice to each distinct segment of ... More

The Constitution and United States’ Culture  

Paul W. Kahn

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines constitutional culture in the United States and argues that a popular culture of constitutionalism forms the basis of the care and trust that are necessary conditions ... More

Education and the Constitution: Defining the Contours of Governance, Rights, and Citizenship  

Elizabeth Beaumont

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines educational concerns and controversies in the U.S. Constitution and how they have significantly shaped—and been shaped by—every era of constitutional development in ... More

Feminist Constitutionalism in Canada  

Beverley Baines and Ruth Rubio-Marin

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the Canadian Constitution through feminist lenses. It proposes a feminist framework to evaluate constitutional law. Feminist constitutionalism aims to promote women’s ... More

First Peoples  

Sean Brennan and Megan Davis

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter explores the constitutional silence regarding Australia's First Peoples and the story behind it. In the process, the chapter illuminates the nature of future challenges. It ... More

Freedom of Religion  

Benjamin L. Berger

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines freedom of religion in the Canadian Constitution. After locating the modern protection of freedom of religion within Canadian constitutional history, the chapter ... More

Indigenous Constitutionalism: Pre-existing Legal Genealogies in Canada  

John Borrows

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines aspects of Canada’s constitution related to its Indigenous roots. It explores the different ways in which Indigenous peoples in Canada possessed constitutional ... More

Religion  

Carolyn Evans

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter turns to section 116 of the Commonwealth Constitution in Australia, which prohibits the Commonwealth from legislating in respect of religion. After an overview of the history ... More

The Right to Bear Arms  

Saul Cornell

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines what the U.S. Constitution says about the right to bear arms. It begins with an overview of the changing meaning of the right to bear arms in American history, along ... More

Social Movements and the Constitution  

Mark Tushnet

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines how social movements, as institutions of civil society, have affected the development and interpretation of the U.S. Constitution. It first provides an overview of ... More

Socio-Economic Rights  

D. M. Davis

Print publication date:
May 2012
Online publication date:
Nov 2012
This article has two primary objectives: to interrogate objections to social and economic rights and, secondly, to examine the extent to which these objections have given rise to different ... More

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