Canadian Constitutional Law 5th Edition by Patrick Macklem ISBN 9781772550702 1772550701
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Product details:
ISBN 10: 1772550701
ISBN 13: 9781772550702
Author: Patrick Macklem
The document provides details about the fifth edition of ‘Canadian Constitutional Law’ by Patrick Macklem, which was released in 2025 and has received high ratings. It emphasizes the importance of understanding constitutional history and includes updates on various chapters reflecting recent developments in constitutional jurisprudence. The book is designed for flexible use in teaching constitutional law, with some chapters available online due to space constraints in the print version.
Table of contents:
PART ONE INTRODUCTION TO CANADIAN CONSTITUTIONAL LAW
Chapter One
Introduction
Chapter Two
Judicial Review and Constitutional Interpretation
1. Introduction
II. Judicial Review and the Legitimacy Issue
III. Constitutional Interpretation
IV. Triggering Judicial Review and Procedural Issues
PART TWO FEDERALISM
Chapter Three
From Contact to Confederation
1. Introduction
II. Pre-Contact, Contact, and the Myth of Terra Nullius
III. New France: Canada’s First European Constitutional Regime
IV. From Acadia to Nova Scotia: The Genesis of the Maritimes
V. The Expansion and Consolidation of British North America:
From the Conquest of New France to the Constitutional Act, 1791
VI. Troubles in the Colonies: The Quest for Self-Government, the Rebellions, and the Union Act of 1840
VII. Confederation
Chapter Four
The Late Nineteenth Century:
The Canadian Courts Under the Influence
Chapter
Five The Early Twentieth Century:
The Beginnings of Economic Regulation
Chapter Six
The 1930s: The Depression and the New Deal
Chapter Seven
Federalism and the Modern Canadian State
Chapter Eight Interpreting the Division of Powers
1. Introduction
II. Values Informing the Interpretation of the Division of Powers
III. Validity: Characterization of Laws
IV. Applicability: The Interjurisdictional Immunity Doctrine
V. Operability: The Paramountcy Doctrine
Chapter Nine Peace, Order, and Good Government
Chapter Ten Economic Regulation
1. Introduction
II. Provincial Powers Over Economic Regulation
III. Federal Powers Over Economic Regulation
IV. Strengthening the Canadian Economic Union
Chapter Eleven Criminal Law and Procedure
I. Federal Powers Over Criminal Law and Procedure
II. Provincial Power to Regulate Morality and Public Order
Chapter Twelve Instruments of Flexibility in the Federal System
1. Introduction
II. The Spending Power
III. Intergovernmental Agreements
IV. Delegation
PART THREE THE JUDICIARY
Chapter Thirteen The Role of the Judiciary
1. Introduction and Overview of This Chapter.
II. The Court Structure
III. The Separation of Powers and the Section 96 Courts
IV. The Independence of the Judiciary
V. The Judicial Appointment Process
VI. Judicial Security of Tenure
PART FOUR
ABORIGINAL PEOPLES
Chapter Fourteen Aboriginal Peoples and the Constitution
1. Introduction
II. Common Law Foundations of Constitutional Recognition
III. The Constitutional Entrenchment of Aboriginal Rights
IV. Constitutional Recognition of Aboriginal Title
V. Treaty Rights
VI. The Duty to Consult
VII. Métis Rights.
VIII. Distribution of Legislative Authority
IX. Aboriginal Rights of Self-Government.
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