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Limits on Rights: The Myth of Balancing
Resource type
Authors/contributors
- Kislowicz, Howard (Editor)
- Froc, Kerri A. (Editor)
- Moon, Richard (Contributor)
Title
Limits on Rights: The Myth of Balancing
Abstract
"Constitutions are meant to endure, providing both stability and adaptability. Their public legitimacy depends on the ability of the courts and other interpreters to get this balance right. Why, then, has Canada’s constitution--only four decades old--produced so many surprises? Canada's Surprising Constitution investigates unexpected interpretations of the Constitution Act, 1982 by the courts. In this illuminating collection of essays, leading scholars reflect on these surprising interpretations, focusing on fundamental freedoms; equality, Aboriginal, and language rights; structural features of the Charter; as well as the courts’ approach to the interpretation of the Constitution. The public legitimacy of the Constitution requires that it be seen as both relevant, as circumstances change, but also true to the values it embodies. The responsibility for getting this balance right lies not only with judges but also with legislatures, executives, scholars, advocates, and public interest organizations. The thoughtful work of this volume is crucial in identifying, accounting for, and--looking ahead--anticipating potential surprises. Its thorough analysis also offers a view of the Constitution in action."-- Provided by publisher
Book Title
Canada's surprising Constitution: unexpected interpretations of the Constitution Act, 1982
Place
Vancouver
Publisher
UBC Press
Date
2024
Language
eng
ISBN
978-0-7748-7004-7
Library Catalog
Open WorldCat
Extra
OCLC: 1417657836
Citation
Kislowicz, H., & Froc, K. A. (Eds.). (2024). Limits on Rights: The Myth of Balancing. In Canada’s surprising Constitution: unexpected interpretations of the Constitution Act, 1982. UBC Press.
Author / Editor
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