Property Rights and Regulatory Innovation: Comparing Constitutional Cultures

Posted: 29 Feb 2008

See all articles by David Schneiderman

David Schneiderman

University of Toronto - Faculty of Law

Date Written: April 2006

Abstract

This paper examines the relation between constitutional property rights and the capacity of self-governing communities to engage in regulatory innovation. Through the lens of "constitutional culture," property rights in Canada's constitutional order are compared with those in the United States. Thinking about constitutions in cultural terms aids in understanding the changes occurring in national constitutional systems resulting from the constitution-like disciplines associated with economic globalization. In the Canadian case, constitutional culture helps us to locate a constitutional property right with some normative force that does not quite rise to the level of constitutional text. This attenuated right fits the conception of the Canadian state as being better able to handle problems of transition and to take measures for societal self-protection. To some extent, this capacity may be under threat, given the commitments of the North American Free Trade Agreement, and may move Canadian constitutional culture further toward a U.S.-style limited government.

Suggested Citation

Schneiderman, David, Property Rights and Regulatory Innovation: Comparing Constitutional Cultures (April 2006). International Journal of Constitutional Law, Vol. 4, No. 2, pp. 371-391, 2006, Available at SSRN: https://ssrn.com/abstract=914996 or http://dx.doi.org/10.1093/icon/mol009

David Schneiderman (Contact Author)

University of Toronto - Faculty of Law ( email )

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