Developments in Constitutional Law: The 1993-94 Term

Supreme Court Law Review, Vol. 6, pp. 67-126, 1995

31 Pages Posted: 17 Jul 2008

See all articles by David Schneiderman

David Schneiderman

University of Toronto - Faculty of Law

Joel Bakan

University of British Columbia (UBC), Faculty of Law

Bruce Ryder

York University - Osgoode Hall Law School

Margot E. Young

University of British Columbia (UBC) - Faculty of Law

Date Written: January 1, 1995

Abstract

This paper seeks to draw out four different, and often conflicting, themes that inform the Supreme Court of Canada's constitutional decision making. Each theme expresses a conception of the Canadian state, and taken together they represent, arguably, the current range of dominant views regarding the appropriate role of the state in Canada: classical liberalism, federalism, social democracy and neo-liberalism. Explicit and implicit reliance upon these conceptions of the state can be understood as reflecting the Court's concern to stay in step with its perception of contemporary social consensus on the large political issues lurking behind every constitutional question it addresses. The fact that four different and potentially conflicting themes are developed in answer to this question suggests that the members of the Court have not been able to identify what the social consensus is; or, far more likely, a social consensus does not exist on the desirable scope and content of state power, only competing ideals.

Suggested Citation

Schneiderman, David and Bakan, Joel and Ryder, Bruce and Young, Margot E., Developments in Constitutional Law: The 1993-94 Term (January 1, 1995). Supreme Court Law Review, Vol. 6, pp. 67-126, 1995, Available at SSRN: https://ssrn.com/abstract=1162289

David Schneiderman (Contact Author)

University of Toronto - Faculty of Law ( email )

78 Queen's Park
Toronto, Ontario M5S 2C5
Canada
416-978-2677 (Phone)
416-978-7899 (Fax)

Joel Bakan

University of British Columbia (UBC), Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

Bruce Ryder

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

Margot E. Young

University of British Columbia (UBC) - Faculty of Law ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada

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