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Access to Charter Justice  

Carissima Mathen

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter discusses how Canadian constitutional issues come before the courts. Its primary focus is on litigation arising under the Charter of Rights and Freedoms. Since the ... More

The Administrative and Regulatory State  

T. V. Somanathan

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter explores how India’s constitutional law has addressed the administrative and regulatory State as it has evolved outside the traditional branches of government, and how ... More

Administrative Justice  

Simon Halliday and Colin Scott

Print publication date:
Nov 2010
Online publication date:
Sep 2012
Administrative justice receives varying emphasis in different jurisdictions. This article explores empirical legal studies, which fall on either side of the decision making-and-review ... More

The Administrative State: Law, Democracy, and Knowledge  

Adrian Vermeule

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the administrative state in relation to modern constitutional theory. To explain the administrative state, it draws on three frameworks that are grounded in ... More

Affirmative Action  

Daniel Sabbagh

Print publication date:
May 2012
Online publication date:
Nov 2012
This article begins with a discussion of the constitutionalization of affirmative action and its side effects. It examines the legal underpinnings of affirmative action in two relatively ... More

Amending the Constitution of Canada  

Benoît Pelletier

Print publication date:
Oct 2017
Online publication date:
Nov 2017
In the past, Canadian constitutional reform has been marked by surprising successes and resounding failures. Indeed, the failures were such that constitutional amendment itself, along with ... More

Assembly and Association  

Menaka Guruswamy

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the relevant provisions of the Indian Constitution with respect to freedom of assembly and freedom of association. It begins with a historical background on the ... More

Associative Rights (The Rights to the Freedoms of Petition, Assembly, and Association)  

Ulrich K. Preuß

Print publication date:
May 2012
Online publication date:
Nov 2012
Associative rights cover those constitutional guarantees which deal with the joint actions of individuals. The promise of associative rights to individuals is the most effective means of ... More

Asymmetric Federalism  

Louise Tillin

Print publication date:
Mar 2016
Online publication date:
Feb 2017
This chapter examines the legal status and consequences of the asymmetrically federal provisions included in the Indian Constitution. In particular, it considers constitutional amendments ... More

Australia in the International Order  

Hilary Charlesworth

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter offers an account of Australia's engagement with the international legal order, through different aspects of the relationship: designing international institutions, litigating ... More

Authority of the High Court of Australia  

Stephen Donaghue

Print publication date:
Mar 2018
Online publication date:
Nov 2018
This chapter considers both the foundations for, and the content of, the High Court's authority in Australia. It focuses principally on the current authority of the High Court, but with ... More

Autonomy (of Individuals and Private Associations)  

Dale Carpenter

Print publication date:
Oct 2015
Online publication date:
Nov 2015
This chapter examines the concept of autonomy in American constitutional law as it applies to the freedom of individuals and some private associations to make certain important choices ... More

B. Comparative Constitutional Analysis in United States Adjudication and Scholarship  

Michel Rosenfeld

Print publication date:
May 2012
Online publication date:
Nov 2012
This article presents an analysis of comparative constitutional law. This study deals with United States adjudication and scholarship. It discusses the current American controversy over citations to ... More

Bioethics and Basic Rights: Persons, Humans, and Boundaries of Life  

Judit Sándor

Print publication date:
May 2012
Online publication date:
Nov 2012
This article explores the connections between bioethics and basic rights partly by analyzing the basic legal norms of bioethics, and partly by comparing thematic cases from the ... More

The British Legal Tradition in Canadian Constitutional Law  

Mark D. Walters

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter examines the influence of the British legal tradition within Canadian constitutional law. The foundational text of Canada’s constitution, the British North America Act, 1867, ... More

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

Canadian Constitutional Culture: A Genealogical Account  

David Schneiderman

Print publication date:
Oct 2017
Online publication date:
Nov 2017
How might one explain Canadian constitutional practices that have produced outcomes that are, within limits, heterogeneous and pluralistic? The chapter inquires into this question by ... More

Carving Out Typologies and Accounting for Differences Across Systems: Towards a Methodology of Transnational Constitutionalism  

Peer Zumbansen

Print publication date:
May 2012
Online publication date:
Nov 2012
This article outlines and assesses the role of ‘typologies’ in comparative constitutional thought. It discusses the transnational context of comparative constitutionalism, ... More

The Charter and Criminal Justice  

Don Stuart

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter analyses the pervasive impact of the Charter on the Canadian criminal justice system. Active judicial interpretation of Charter rights has put in place distinctive ... More

Charter Remedies  

Kent Roach

Print publication date:
Oct 2017
Online publication date:
Nov 2017
This chapter argues that interpretative remedies have qualified the supremacy clause in section 52(1) of the Constitution Act, 1982 and should only be used when courts can avoid making ... More

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