Children of Two Logics: A Way into Canadian Constitutional Culture

International Journal of Constitutional Law 11 (2): 319-338, 2013

Osgoode CLPE Research Paper No. 32/2013

25 Pages Posted: 22 Jun 2013 Last revised: 14 Jul 2013

See all articles by Benjamin L. Berger

Benjamin L. Berger

York University - Osgoode Hall Law School

Date Written: 2013

Abstract

In this piece I will look at three areas of modern Canadian constitutional life in which one finds the play of these two constitutional logics. I will look to cultural and religious difference; judicial review; and issues of Indigenous rights. My purpose is to illuminate something generally unnoted but essential in the culture of Canadian constitutionalism and so my focus is on the Canadian case. Nevertheless, I would venture that although Canadian constitutional life might serve as a particularly potent instance of this dynamic, what I am exposing is a general predicament of modern constitutionalism and what I am suggesting is of broader methodological import in the study of constitutional cultures.

Keywords: constitutional, Canadian, culture

Suggested Citation

Berger, Benjamin L., Children of Two Logics: A Way into Canadian Constitutional Culture (2013). International Journal of Constitutional Law 11 (2): 319-338, 2013; Osgoode CLPE Research Paper No. 32/2013. Available at SSRN: https://ssrn.com/abstract=2283203

Benjamin L. Berger (Contact Author)

York University - Osgoode Hall Law School ( email )

4700 Keele Street
Toronto, Ontario M3J 1P3
Canada

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