(Download) "Constitutional Courage." by McGill Law Journal " eBook PDF Kindle ePub Free

January 15, 2021

eBook details

Title: Constitutional Courage.
Author : McGill Law Journal
Release Date : January 01, 2004
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 270 KB

Description

In this lecture, Professor Arthurs argues that we are currently in need of "constitutional courage"--the courage to say "no" to ambitious projects of constitutional reform and constitutional litigation as a way to solve our pressing social and political problems. Professor Arthurs first lays out why our current obsession with the constitution is problematic. He insists that we do not even know what the supposed "supreme law of Canada" actually is, what it says, or even what it does. Moreover, instead of transforming society, the current "cult of constitutionalism" has only served to transform legal practice and scholarship. He then surmises on the potential causes of our constitutionalism: the preponderant influence of American political and legal culture in Canada; the patchy and uncertain nature of our own constitution; frustration with parliamentary politics; the neo-liberal agenda; and perhaps even postmodernism. Lastly, he examines the role constitutionalism has played in the expansion of the judiciary power.

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