Spanning over two centuries of constitutional developments in the United States & Canada, this comprehensive collection of essays brings together the provocative writings of prominent political scientists & jurists from both countries on the historical origins, ideology, function & political determinants of the two working constitutional systems. The book's lively & clear analysis summarises the intricate details of constitutional politics in a way that will help readers to face up to the historical choices that now confront us. Policies that have dominated public debate in recent years are examined under four broad headings: federalism, church-state relations, the politics of rights & the role of judges in formulating public policy. Addressed both to students of law, history & political science & to all who are concerned about their constitutional future, these essays examine issues that have led to profound changes in the lives of ordinary citizens in both countries.

In this volume marking the Sesquicentennial of Confederation in Canada, leading scholars and jurists discuss the evolution of the Canadian Constitution since the British North America Act 1867; the role of the Supreme Court in interpreting the Constitution as a 'living tree' capable of application to new legal issues; and the growing influence of both the Constitution, with its entrenched Charter of Rights and Freedoms, and the decisions of the Court on other constitutional courts dealing with a wide range of issues pertaining to human rights and democratic government. The contributors assess how the Canadian Constitution accommodates the cultural diversity of the country's territories and peoples while ensuring the universal applicability of its provisions; the role of the Court in interpreting and applying the Constitution; and the growing global influence of the Constitution and decisions of the Court on legislatures and courts in other countries.

The Canadian constitutional reforms of 1982, which included a Charter of Rights and Freedoms analogous to the American Bill of Rights, brought about a convergence with American constitutional law. As in the U.S., Canadian courts have shown themselves highly protective of individual rights, and they have not been shy about assuming a leading and sometimes controversial political role in striking down legislation. In clear and easy-to-understand language, the contributors not only chart, but also explore, the reasons for areas of similarity and difference in the constitutional politics of Canada and the United States.

Constitutions worldwide inevitably have 'invisible' features: they have silences and lacunae, unwritten or conventional underpinnings, and social and political dimensions not apparent to certain observers. The Invisible Constitution in Comparative Perspective helps us understand these dimensions to contemporary constitutions, and their role in the interpretation, legitimacy and stability of different constitutional systems. This volume provides a nuanced theoretical discussion of the idea of 'invisibility' in a constitutional context, and its relationship to more traditional understandings of written versus unwritten constitutionalism. Containing a rich array of case studies, including discussions of constitutional practice in Australia, Canada, China, Germany, Hong Kong, Israel, Italy, Indonesia, Ireland and Malaysia, this book will look at how this aspect of 'invisible constitutions' is manifested across different jurisdictions.

Why do the United States and Canada have such divergent political cultures when they share one of the closest economic and cultural relationships in the world? Canadians and Americans consistently disagree over issues such as the separation of church and state, the responsibility of government for the welfare of everyone, the relationship between federal and subnational government, and the right to marry a same-sex partner or to own an assault rifle. In this wide-ranging work, Jason Kaufman examines the North American political landscape to draw out the essential historical factors that underlie the countries’ differences. He discusses the earliest European colonies in North America and the Canadian reluctance to join the American Revolution. He compares land grants and colonial governance; territorial expansion and relations with native peoples; immigration and voting rights. But the key lies in the evolution and enforcement of jurisdictional law, which illuminates the way social relations and state power developed in the two countries. Written in an accessible and engaging style, this book will appeal to readers of sociology, politics, law, and history as well as to anyone interested in the relationship between the United States and Canada.

The Borderlands of the American and Canadian Wests is the first collection of interdisciplinary essays bringing together scholars from both sides of the forty-ninth parallel to examine life in a transboundary region. The result is a text that reveals the diversity, difficulties, and fortunes of this increasingly powerful but little-understood part of the North American West. Contributions by historians, geographers, anthropologists, and scholars of criminal justice and environmental studies provide a comprehensive picture of the history of the borderlands region of the western United States and Canada. The Borderlands of the American and Canadian Wests is divided into six parts: Defining the Region, Colonizing the Frontier, Farming and Other Labor Interactions, the Borderlands as a Refuge in the Nineteenth Century, the Borderlands as a Refuge in the Twentieth Century, and Natural Resources and Conservation along the Border. Topics include the borderlands environment; its aboriginal and gender history; frontier interactions and comparisons; agricultural and labor relations; tourism; the region as a refuge for Mormons, far-right groups, and Vietnam War resisters; and conservation and natural resources. These areas show how the history and geography of the borderlands region has been transboundary, multidimensional, and unique within North America.