Author: Colin Pearce

The Innate Parochialism of Canada’s Modern Constitutional Consensus

“If there is one constant theme in the scholarly literature concerning American and Canadian constitutional laws, it is that the two nations are quite different.” That opinion, from which the authors of Judging Democracy will dissent, is the scholarly consensus formed around the notion that the American constitutional tradition “promote(s) individual rights and place(s) substantial restrictions on the capacity of government to legislate for the common good. By contrast the Canadian Charter is much less individualistic in both text and interpretation.” The authors then explain that they “have written this book in part to refute this analysis.”1

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