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Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib Jun 2014

Canadian Constitutional Law, Fourth Edition, Patrick Macklem, Carol Rogerson, Joel Bakan, Jean Leclair, John Borrows, Ian Lee, Sujit Choudhry, Richard Moon, Robin Elliot, R. C. B. Risk, Jean-François Gaudreault-Desbiens, Kent Roach, Donna Greschner, Bruce Ryder, Patricia Hughes, David Schneiderman, Lorraine Weinrib

Sujit Choudhry

In its 4th edition, Canadian Constitutional Law continues to offer a truly national perspective — drawing on an editorial team that is rich with regional, linguistic, and scholarly diversity. This edition remains true to the structure and purposes of previous editions, especially with regard to the editors’ commitment to the idea that understanding constitutional history is critical to comprehending the present and future of Canadian constitutional law.


Constitutional Review In New Democracies, Sujit Choudhry, K. Glenn Bass Sep 2013

Constitutional Review In New Democracies, Sujit Choudhry, K. Glenn Bass

Sujit Choudhry

The establishment of a judiciary with the power of constitutional review — determining whether government actions comply with the constitution’s provisions — is now considered a standard component of a democracy. It is increasingly common to entrust the power of constitutional review to a specialised constitutional court that can issue authoritative decisions on the constitutionality of laws and government actions and can interpret the constitution’s provisions. A constitutional court can play many important roles, including reviewing the constitutionality of legislation, protecting individual rights, providing a forum for the resolution of disputes in a federal system, enforcing the separation of powers, …


International Standards For The Independence Of The Judiciary, Sujit Choudhry, R. Stacey Aug 2013

International Standards For The Independence Of The Judiciary, Sujit Choudhry, R. Stacey

Sujit Choudhry

No abstract provided.


Constitutional Transitions In The Middle East, Sujit Choudhry Dec 2012

Constitutional Transitions In The Middle East, Sujit Choudhry

Sujit Choudhry

No abstract provided.


The Globalization Of The Canadian Constitution, Sujit Choudhry Dec 2011

The Globalization Of The Canadian Constitution, Sujit Choudhry

Sujit Choudhry

It has been argued that the constitution of a country is the embodiment of, or a response to, its particular history, political values, culture, and, indeed, its very identity. But in the last two decades, we have witnessed a dramatic resurgence in the study of comparative constitutional law. How should we understand the relationship between the widely held view that constitutions are the quintessential national documents and the increasing migration of constitutional ideas across the globe? In my Trudeau Lecture, I examine the importance of comparative engagement in the drafting of the Canadian Charter of Rights and Freedoms, and …


Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn Sep 2011

Voter Equality & Other Canadian Values: Finding The Right Balance, Sujit Choudhry, Matthew Mendelsohn

Sujit Choudhry

Representation by population (rep-by-pop) was one of the principal forces behind the creation of Canada and is a key pillar of democracy. The principle that all votes have equal weight reflects the democratic norm that all citizens should have an equal say in who will be elected, who will raise issues in Parliament and who will have the right to use the legitimate power of the state to make decisions on our behalf. Although some deviations from the norm of voter equality are acceptable, they should be grounded in principles that are widely accepted and viewed as legitimate. Canada’s federal …


The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal Dec 2010

The Impact Of Regionally Differentiated Entitlement To Ei On Charter-Protected Canadians, Sujit Choudhry, Michael Pal

Sujit Choudhry

Under Canada’s Employment Insurance (EI) program, access to unemployment benefits varies according to the regional unemployment rate. Previous studies have shown that this regime works to the disadvantage of certain provinces and urban areas. In this paper we measure the impact of the variable regional entrance requirements on specific minority workers, including visible minorities, linguistic minorities, recent immigrants, and naturalized citizens. We find that over the period 2000-2010, the regional variation in access to EI results in certain minority workers being required to work modestly more hours to qualify for EI than the average worker. Though the findings with regard …


Citizenship And Constitutionalism, Sujit Choudhry Dec 2009

Citizenship And Constitutionalism, Sujit Choudhry

Sujit Choudhry

No abstract provided.


Mechanisms For Resolving Divisive Issues In Constitutional Negotiations, Sujit Choudhry, Nicholas Haysom Dec 2009

Mechanisms For Resolving Divisive Issues In Constitutional Negotiations, Sujit Choudhry, Nicholas Haysom

Sujit Choudhry

This issue paper is part of the ‘Constitution-making in Focus’ series and is focusing on how to deal with divisive issues in a constitution-making process. There can be no fool-proof algorithms for resolving divisive issues to achieve this end, but there are mechanisms with which every negotiation process should be equipped.


Drafting Nepal's Language Policy, Sujit Choudhry Dec 2008

Drafting Nepal's Language Policy, Sujit Choudhry

Sujit Choudhry

Language will be one of the most important issues for the writers of Nepal’s new constitution. In grappling with it, there are in fact two sets of questions for Nepal to discuss. First, what does official language status actually mean? Second, how can constitutional design respond to linguistic diversity—in particular, what is the relationship between official language policies and federalism? This article explores these issues.


Constitutional Design For Divided Societies: Integration Or Accommodation?, Sujit Choudhry Dec 2007

Constitutional Design For Divided Societies: Integration Or Accommodation?, Sujit Choudhry

Sujit Choudhry

Table of Contents: Introduction: Integration, Accommodation and the Agenda of Comparative Constitutional Law, Sujit Choudhry Part I: Setting the Stage 1. Integration or accommodation? The enduring debate in conflict regulation, John McGarry, Brendan O'Leary and Richard Simeon 2. The internationalization of minority rights, Will Kymlicka 3. Does the world need more Canada? The politics of the Canadian model in constitutional politics and political theory, Sujit Choudhry 4. Beyond the dichotomy of universalism and difference: four responses to cultural diversity, Alan Patten 5. Groups and constitutionalism in divided societies: a dynamic approach to the design of democratic institutions, Richard H. Pildes …


The Migration Of Constitutional Ideas, Sujit Choudhry Dec 2006

The Migration Of Constitutional Ideas, Sujit Choudhry

Sujit Choudhry

The migration of constitutional ideas across jurisdictions is one of the central features of contemporary constitutional practice. The increasing use of comparative jurisprudence in interpreting constitutions is one example of this. In this 2007 book, leading figures in the study of comparative constitutionalism and comparative constitutional politics from North America, Europe and Australia discuss the dynamic processes whereby constitutional systems influence each other. They explore basic methodological questions which have thus far received little attention, and examine the complex relationship between national and supranational constitutionalism - an issue of considerable contemporary interest in Europe. The migration of constitutional ideas is …


Education, Administration, And Justice: Essays In Honour Of Frank Iacobucci, Sujit Choudhry Dec 2006

Education, Administration, And Justice: Essays In Honour Of Frank Iacobucci, Sujit Choudhry

Sujit Choudhry

No abstract provided.


Constitutionalism In Divided Societies, Sujit Choudhry Dec 2006

Constitutionalism In Divided Societies, Sujit Choudhry

Sujit Choudhry

No abstract provided.


Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry Nov 2006

Redistribution In The Canadian Federation: The Impact Of The Cities Agenda And The New Canada, Sujit Choudhry

Sujit Choudhry

No abstract provided.


So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry Dec 2005

So What Is The Real Legacy Of Oakes? Two Decades Of Proportionality Analysis Under The Canadian Charter’S Section 1, Sujit Choudhry

Sujit Choudhry

R. v. Oakes is widely regarded as one of the most important judgments interpreting Canada’s Charter of Rights and Freedoms. In addition to laying down its famous proportionality test to assess the reasonableness of limits on Charter rights, it clarified the Supreme Court of Canada’s Court’s interpretive methodology for Charter cases, perhaps most centrally that rights are of presumptive importance, and limitations the exception that are only acceptable if governments meet a demanding test of justification. The citation of Oakes by courts in Antigua and Barbuda, Australia, Fiji, Hong Kong, Ireland, Israel, Jamaica, Namibia, South Africa, the United Kingdom, …


The Supreme Court Appointments Process: Improved Federal-Provincial Relations Vs. Democratic Renewal?, Sujit Choudhry Dec 2004

The Supreme Court Appointments Process: Improved Federal-Provincial Relations Vs. Democratic Renewal?, Sujit Choudhry

Sujit Choudhry

As Harvey Lazar has perceptively observed, there are two distinct institutional reform agendas underway in Canada which are being pursued independently of each other, and whose interconnection remains unclear and urgently needs to be explored. The first is the so-called democratic renewal agenda, and the second is the effort underway to improve intergovernmental relations (IGR), principally between the federal government and the provinces. I want to argue that these two agendas, as they have been framed thus far, are deeply in tension, because they point in opposite directions with respect to the relationship between executives and legislatures. Without sorting out …


Unrelated Living Organ Donation: Ultra Needs To Go, Sujit Choudhry, Abdallah S. Daar May 2003

Unrelated Living Organ Donation: Ultra Needs To Go, Sujit Choudhry, Abdallah S. Daar

Sujit Choudhry

The recent review of the Unrelated Live Transplant Regulatory Authority (ULTRA) provides administrative and statistical information regarding living donor kidney transplantation in the United Kingdom. However, it leaves much unsaid. For example, although the report does mention the number of live kidney donations from unrelated donors that ULTRA has approved, it fails to mention that the United Kingdom has a low live kidney donation rate compared with other European countries (in 1999, 5.3 kidney donors per million population in the UK; 8.7 in Switzerland, 11.5 in Sweden, 24.6 in Norway). More importantly, the report does not address the fundamental question …