Constitutional Politics in Canada after the Charter

The Charter of Rights and Freedoms was introduced in 1982. Since then, Canada has experienced more than twenty-five years of constitutional politics and countless debates about whether the Canadian federation is integrating or disintegrating. To date, however, there has been no systematic attempt to identify or evaluate general theories about the evolution of constitutional politics in Canada.

Using systemism, a concept borrowed from the philosophy of science, Patrick James identifies and then assesses five theories that fall either into the liberal paradigm (negative identity, megapolitics, or institutional imbalance) or its communitarian counterpart (asymmetric federalism or the citizens’ constitution). He examines these theories in the context of major issues – Aboriginal peoples, women, minority groups, the role of courts, and regional fragmentation – and he discusses debates among advocates and critics of each theory in order to work toward a greater understanding of Canada’s long-standing constitutional wrangling.

By adding clarity to familiar debates, this succinct assessment of major writings on constitutional politics sharpens our vision of the past – and the future – of the Canadian federation. Constitutional Politics in Canada after the Charter will be of interest to students and practitioners of Canadian political science and law or anyone who wants to understand constitutional affairs in Canada or the outside world.