Dave Guénette - Böcker

For decades following the failures of the Meech Lake and Charlottetown Accords constitutional debate in Canada appeared largely dormant. This situation has changed markedly in recent years. Since 2021 Alberta has held a provincial referendum proposing the abolition of equalization, Quebec and Saskatchewan have each unilaterally amended the 1867 Constitution Act, and a bilateral constitutional amendment concerning Saskatchewan has been proclaimed with the support of Parliament.Amid the stagnation that has characterized constitutional amendment processes from the early 1990s onward, these developments are highly significant. They signal a renewed dynamism in Canadian constitutional politics driven by provincial action and warranting careful and systematic analysis. Bringing together contributions from leading experts, From Multilateral Failures to Unilateral Successes? maps the impacts of recent and ongoing constitutional developments. Chapters examine instances of unilateral provincial action, offer analytical perspectives on the broader implications of these developments for federal authority, and explore the conditions under which provincial unilateralism may succeed. As the book shows, these initiatives operate within a political and constitutional framework where bilateral and multilateral options remain available but under-exploited.At a moment when the Canadian constitution is once again being tested and reshaped, this volume makes a timely and essential contribution, demonstrating that constitutional change is not only possible but already underway.

In federal systems, the constitution protects all the issues that enable the federal structure to maintain a sustainable and lasting equilibrium between the centre and the periphery. These issues include the allocation of legislative powers, the structure of institutions, the autonomy of federated and federal entities, the settlement of disputes between them, and so on. Since these matters are enshrined in the constitution, amending its text is of fundamental importance in any federal system. Fédéralisme comparé et modification constitutionnelle offers a comparative study of the constitutional amendment procedure in ten federal systems, with the aim of contextualizing the Canadian process. This book examines the federal systems of Canada as well as Australia, Austria, Belgium, the European Union, Germany, Italy, Spain, Switzerland, and the United States. To systematically compare these ten processes, the book investigates constitutional amendment procedures at various stages, ultimately suggesting the creation of an index for better analysis and comparison.

This book provides an in-depth analysis of how constitutionalism and diversity can be friends and foes alike in contemporary multinational democracies. By focusing mainly on the dynamics between Quebec and Canada and comparing these with ongoing issues in Catalonia and Spain, Flanders and Belgium, and South Tyrol and Italy, the authors offer new insights into the public management of national diversity. In doing so, they sought to unpack the numerous challenges divided societies are facing.The pieces that together form the title of this book are not merely of symbolic significance. Constitutionalism v Diversity: Essays on Federal Democracy echoes the four underlying principles of the Canadian Constitution that the Supreme Court of Canada identified in its famous 1998　Reference re Secession of Quebec. These are (1) federalism, (2) democracy, (3) constitutionalism and the rule of law, and (4) protection of minorities. While these four concepts are at the very core of both authors’ argument and approach, the Supreme Court of Canada’s Secession Reference is guiding them through the book by providing a robust and meaningful theoretical and analytical framework. These principles appear as universal normative parameters societies should see as ideals to pursue and translate – while adapting their content to the specific context – into concrete institutions and practices. Even more today this book shows the great analytical value of these four principles to critically appraise of the way multinational liberal democracies in general and federal systems in particular are evolving.

This edited volume provides a solid yet accessible set of contributions for students, specialists and practitioners of federalism. It also reflects a commitment to normalising the connection between federal studies and scholarship on pluralism and diversity management. To shed light on a specific theme through a rigorous and comprehensive approach, most chapters compare at least two federal systems in connection with a given institutional matter or area of public policy. Acknowledgements The editors of the volume would like to extend their warmest thanks to the Programme d'appui à la recherche of the Secrétariat du Québec aux relations canadiennes, the Groupe de recherche sur les sociétés plurinationales, the Centre d'analyse politique – Constitution et fédéralisme, and the Canada Research Chair in Quebec and Canadian Studies. This project would not have been possible without their most generous support. The editors would also like to thank the entire editorial team at Palgrave Macmillan. In particular, they are grateful to Soeren Keil and Eva Maria Belser, who enthusiastically welcomed the present project into their Federalism and Internal Conflicts series, and to Ambra Finotello, Hemapriya Eswanth and Zeenathul Raeesa Ismail for their editorial support. They would also like to thank the anonymous reviewers who helped to improve the overall quality of this collective work.- Félix, Dave, and Alain

This edited volume provides a solid yet accessible set of contributions for students, specialists and practitioners of federalism. It also reflects a commitment to normalising the connection between federal studies and scholarship on pluralism and diversity management. To shed light on a specific theme through a rigorous and comprehensive approach, most chapters compare at least two federal systems in connection with a given institutional matter or area of public policy. Acknowledgements The editors of the volume would like to extend their warmest thanks to the Programme d'appui à la recherche of the Secrétariat du Québec aux relations canadiennes, the Groupe de recherche sur les sociétés plurinationales, the Centre d'analyse politique – Constitution et fédéralisme, and the Canada Research Chair in Quebec and Canadian Studies. This project would not have been possible without their most generous support. The editors would also like to thank the entire editorial team at Palgrave Macmillan. In particular, they are grateful to Soeren Keil and Eva Maria Belser, who enthusiastically welcomed the present project into their Federalism and Internal Conflicts series, and to Ambra Finotello, Hemapriya Eswanth and Zeenathul Raeesa Ismail for their editorial support. They would also like to thank the anonymous reviewers who helped to improve the overall quality of this collective work.- Félix, Dave, and Alain