Canadian Constitutional Law in a Modern Perspective / / J. Noel Lyon, Ronald G. Atkey.

• Superior document: Title is part of eBook package: De Gruyter University of Toronto Press eBook-Package Archive 1933-1999
• VerfasserIn: Lyon, J. Noel,; Atkey, Ronald G.,
• Place / Publishing House: Toronto : : University of Toronto Press, , [2019]; ©1970
• Year of Publication: 2019
• Language: English
• Series: Heritage
• Physical Description: 1 online resource (1406 p.)

This casebook contains a comprehensive collection of materials on the law of the Canadian constitution, taken in its broadest sense, and provides an intellectual frame of reference within which the legal development of our constitution can be rationally guided. It redefines the lawyer’s area of responsibility to include all important public issues, and makes more explicit the policy function which is being performed whenever important public issues arise in a courtroom context. The various topics are illustrated by the relevant statutes, cases, readings from books and journals, and debates from the House of Commons. The editors seek to substitute objective, rational criteria for the intuitive hunch in public decision-making.

Table of Contents

Frontmatter -- Preface -- Acknowledgments -- Contents -- Documents -- Historical Chronology of Important Constitutional Events -- PART I: SOME BASIC ISSUES -- 1. The Rule of Law -- 2. Policy and Logic in Constitutional Decision -- 3. What is the Constitution? -- PART II: THE INSTITUTIONAL FRAMEWORK -- 4. The Initial Phases of Decision -- 5. The Formal Institutions of Decision -- 6. The Informal Institutions of Decision -- PART III: ESTABLISHED CONSTITUTIONAL PRACTICES AND PROCEDURES -- 7. Practices relating to Judicial Institutions -- 8. Governmental Practices -- 9. Constitutional Procedure -- PART IV: FUNDAMENTAL RIGHTS -- 10. Historical Evolution -- 11. Protected Value Processes -- 12. Synthesis of Values: The Pervasive Question of Language Rights in Canada -- PART V: THE ALLOCATION OF PUBLIC POWER -- 13. The Functional Components of Constitutional Decision -- 14. 'Peace, Order, and Good Government' and the Historical Trend of Interpretation -- 15. Distribution of Powers between the Federal Government and the Provinces -- INTRODUCTORY NOTE -- A. Power: Competence in Relation to Political Processes -- B. Well-Being : Competence in Relation to Safety, Health, and General Well-Being -- C. Rectitude: Competence in Relation to the Norms of Conduct -- D. Wealth : Competence in Relation to Economic Processes -- E. Respect: Competence in Relation to the Recognition and Acceptance of Persons as Human Beings -- F. Enlightenment: Competence in Relation to the Public Mind -- G. Skill: Competence in Relation to Creative Expression -- H. Affection: Competence in Relation to the Family and other Human Associations -- PART VI: CONSTITUTIONAL REVIEW AND REFORM -- 16. Historical Background -- 17. Current Issues of Review and Reform -- Index -- Cases -- Statutes