5th edition (New edition)

Constitutional Law, 5/e

Overview

The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter-jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice.

Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co-author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada.

Table of Contents

Foreword to the First Edition
Preface

Part One: Introduction
Chapter 1: An Introduction to the Study of the Canadian Constitution

Part Two: The Framework and Institutions of Government
Chapter 2: Canada’s Constitutional Development before 1867
Chapter 3: The Constitution Act, 1867: Executive and Legislative Power
Chapter 4: The Constitution Act, 1867: Federalism and Judicial Power

Part Three: Constitutional Change
Chapter 5: Constitutional Amendment, 1867–1982
Chapter 6: Constitutional Change Since 1982

Part Four: The Courts and Canadian Federalism
Chapter 7: The Courts and Canadian Federalism: From Watertight Compartments to Shared Responsibility
Chapter 8: Peace, Order, and Good Government
Chapter 9: Trade and Commerce
Chapter 10: Property and Civil Rights in the Province
Chapter 11: Criminal Law
Chapter 12: The Constitution and Transportation

Part Five: The Charter and Aboriginal Rights
Chapter 13: The Canadian Charter of Rights and Freedoms: Structure and Application
Chapter 14: Rights and Freedoms of the Charter
Chapter 15: Indigenous Peoples and the Canadian Constitution

Part Six: Conclusion
Chapter 16: The Canadian Constitution in the Twenty-First Century

Glossary
Constitution Acts 1867 to 1982
Table of Cases
Index

Of interest...