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Full-Text Articles in Law
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Does Constitutional Change Matter? Canada's Recognition Of Aboriginal Title, Kirsten Matoy Carlson
Law Faculty Research Publications
No abstract provided.
Is Hindsight 20-20? Reconsidering The Importance Of Pre-Constitutional Documents, Kirsten Matoy Carlson
Is Hindsight 20-20? Reconsidering The Importance Of Pre-Constitutional Documents, Kirsten Matoy Carlson
Law Faculty Research Publications
Many constitutional orders, including the United States, have yet to determine the legal and political status of pre-constitutional documents written prior to the enactment of a final constitution. This article argues that pre constitutional documents should be critically analyzed by their respective constitutional communities. It maintains that pre-constitutional documents play a key role in constitutional orders by identifying conflicts that remain over time and contends that critical analysis of these documents facilitates deeper understandings of constitutional politics. It demonstrates how pre constitutional documents can be used as diagnostic tools for identifying and better understanding persistent constitutional tensions through a case …