Children of Two Logics: A Way into Canadian Constitutional Culture
International Journal of Constitutional Law 11 (2): 319-338, 2013
25 Pages Posted: 22 Jun 2013 Last revised: 14 Jul 2013
Date Written: 2013
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
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