The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies
The Notwithstanding Clause and the Canadian Charter: Rights, Reforms, and Controversies
Edited by Peter L. Biro
Examining and demystifying one of the most controversial, consequential, and misunderstood provisions in Canada's constitution: the notwithstanding clause in the Canadian Charter of Rights and Freedoms. The significance, effects, and legitimacy of Section 33 of the Charter have been vigorously debated. The Notwithstanding Clause and the Canadian Charter examines the NWC from all perspectives, asking who should have the last word on matters of rights and justice – the legislatures or the judiciary – and what balance liberal democracy requires. By virtue of its contested purposes, interpretations, operation, and applications, the NWC represents and, to an extent, defines both the character and the very real vulnerabilities of liberal constitutionalism in Canada.
Praise For The Book
"This is the most comprehensive collection of essays on Canada's notwithstanding clause produced to date. It brings together leading constitutional scholars, thinkers and practitioners to analyze some of the leading issues and challenges with the Charter's override clause. [italics] The Nothwithstanding Clause and the Charter [italics] offers a diversity of perspectives in support and in critique of the controversial constitutional provision. It will be of great value to all those interested in Canadian constitutional law and politics."
Adam DodekProfessor and Dean Emeritus, University of Ottawa Faculty of Law
"The most comprehensive study of the Notwithstanding Clause – diverse voices examine a controversial clause of the Canadian Charter – a must-read for anyone interested in human rights, democracy and the future of Canada”
Nathalie Des RosiersThe Hon. Justice Nathalie Des Rosiers, Ontario Superior Court of Justice
“This is a fascinating and provocative collection of essays on one of the most contested features of the Canadian constitution, the notwithstanding clause. It is a must-read for those who want to learn about, and dissect contrasting views on this powerful, rights-implicating legislative tool.”
Emmett Macfarlaneco-author of Legislating under the Charter: Parliament, Executive Power, and Rights
"A comprehensive and compelling set of essays, probing the intersection of history, law, policy and politics – reflecting the dynamics of a constitutional democracy. An essential read for everybody."
Irwin Cotlerfounder and international chair, Raoul Wallenberg Centre for Human Rights
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