Richard Albert – författare
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No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
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No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.
Cities and the Constitution
Giving Local Governments in Canada the Power They Need
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Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
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Canada’s largest cities have faced exponential growth, with the trajectory rising further still. Due to their high density, cities are the primary sites for opportunities in economic prosperity, green innovation, and cultural activity, and also for critical challenges in homelessness and extreme poverty, air pollution, Indigenous-municipal relationship-building, racial injustice, and transportation gridlock. While city governments are at the forefront of mitigating the challenges of urban life, they are given insufficient power to effectively attend to public needs.
Cities and the Constitution confronts the misalignment between the importance of municipalities and their constitutional status. While our constitution is often considered a living document, Canada has one of the most complicated amending formulas in the world, making change very difficult. Cities are thus constitutionally vulnerable to unilateral provincial action and reliant on other levels of government for funding. Could municipal power be reimagined without disrupting the existing constitutional structure, or could the Constitution be reformed to designate cities a distinct tier of government? Among other novel proposals, this groundbreaking volume explores the idea of recognizing municipalities in provincial constitutions.
The first volume of a complementary pair, authored by renowned Canadian legal and urban studies scholars, Cities and the Constitution suggests contemporary solutions to one of our most pressing policy dilemmas.
Past, Present, and Future of Canadian Cities
Where the Law Went Wrong and How We Can Fix It
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In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
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In 1861, just a few years before Confederation, 84 per cent of Canadians lived in rural areas; today, it’s less than 20 per cent. Our municipal governments are asked to do more for their citizens than ever before, yet they must confront myriad challenges – from the public health pandemic to the housing crisis – without the tools they need. They have no constitutional protection from jurisdictional overstepping by provincial governments and no assurance that they will be able to complete any effort they undertake.
The Past, Present, and Future of Canadian Cities explores the historical functions of municipalities, their current ability to tackle major problems, and what the future holds for shifting legal and political powers. This volume examines how pre-Confederation cities came to have their current constitutional and legislative forms; how current local governments make decisions within existing legal parameters, highlighting Indigenous-municipal relationships and emergency management; and, finally, looks to the world to investigate future innovation in municipal governance.
The Past, Present, and Future of Canadian Cities makes the case that constitutional concepts must be repurposed to support the transition from nation-building to city-building in a global context.
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Constitutions are often seen as the product of the free will of a people exercising their constituent power. This, however, is not always the case, particularly when it comes to ‘imposed constitutions’. In recent years there has been renewed interest in the idea of imposition in constitutional design, but the literature does not yet provide a comprehensive resource to understand the meanings, causes and consequences of an imposed constitution.
This volume examines the theoretical and practical questions emerging from what scholars have described as an imposed constitution. A diverse group of contributors interrogates the theory, forms and applications of imposed constitutions with the aim of refining our understanding of this variation on constitution-making. Divided into three parts, this book first considers the conceptualization of imposed constitutions, suggesting definitions, or corrections to the definition, of what exactly an imposed constitution is. The contributors then go on to explore the various ways in which constitutions are, and can be, imposed. The collection concludes by considering imposed constitutions that are currently in place in a number of polities worldwide, problematizing the consequences their imposition has caused. Cases are drawn from a broad range of countries with examples at both the national and supranational level.
This book addresses some of the most important issues discussed in contemporary constitutional law: the relationship between constituent and constituted power, the source of constitutional legitimacy, the challenge of foreign and expert intervention and the role of comparative constitutional studies in constitution-making. The volume will be a valuable resource for those interested in the phenomenon of imposed constitutionalism as well as anyone interested in the current trends in the study of comparative constitutional law.