The Canadian Constitution and the World

in P. Oliver, P. Macklem & N. DesRosiers, eds., Oxford Handbook of the Canadian Constitution (Oxford: Oxford University Press, 2017), pp. 1075-1102; ISBN: 9780190664817

Posted: 11 Sep 2018

See all articles by Sujit Choudhry

Sujit Choudhry

Center for Constitutional Transitions; Center for Global Constitutionalism, WZB Berlin Social Science Center

Date Written: November 25, 2017

Abstract

This chapter examines the influence of elements of Canada’s constitutional model abroad, in three areas: (1) the Canadian Charter of Rights and Freedoms as an innovative way to institutionalize the relationship among legislatures, executives, and courts with respect to the enforcement of a constitutional bill of rights, as justified by “dialogue theory”, that contrasts starkly with its leading alternatives, the American and German systems of judicial supremacy; (2) Canada’s plurinational federalism as a strategy to accommodate minority nationalism and dampen the demand for secession and independence within the context of a single state, by divorcing the equation of state and nation; and (3) the complex interplay between a constitutional bill of rights and minority nation-building, as reflected in the constitutional politics surrounding the recognition of Quebec’s distinctiveness, and the role of the Supreme Court of Canada in adjudicating constitutional conflicts over official language policy arising out of Quebec.

Keywords: Canada, Constitutional Design, Constitutional Law

Suggested Citation

Choudhry, Sujit, The Canadian Constitution and the World (November 25, 2017). in P. Oliver, P. Macklem & N. DesRosiers, eds., Oxford Handbook of the Canadian Constitution (Oxford: Oxford University Press, 2017), pp. 1075-1102; ISBN: 9780190664817. Available at SSRN: https://ssrn.com/abstract=3238523

Sujit Choudhry (Contact Author)

Center for Constitutional Transitions ( email )

HOME PAGE: constitutionaltransitions.org

Center for Global Constitutionalism, WZB Berlin Social Science Center ( email )

Reichpietschufer 50
D-10785 Berlin, 10785
Germany

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