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Patriation Paradigms: Sovereignty, Power, and Rights 范式:主权、权力和权利
Constitutional forum Pub Date : 2023-09-27 DOI: 10.21991/cf29457
Colleen Sheppard
{"title":"Patriation Paradigms: Sovereignty, Power, and Rights","authors":"Colleen Sheppard","doi":"10.21991/cf29457","DOIUrl":"https://doi.org/10.21991/cf29457","url":null,"abstract":"In this article, I begin by exploring how nation-state sovereignty has been disrupted and challenged both externally and internally — bringing into question the idea that patriation ushered in an era of full-fledged Canadian sovereignty. I then turn to contested conceptions of rights — underscoring the importance of reimagining rights as sources of political empowerment and sovereignty. Such a reconceptualization means that rights become sources of enhanced jurisdictional authority, power-sharing, and self-governance. Thus, I seek to contribute to a rethinking of the two central dimensions of the patriation paradigm towards an approach that celebrates multiple and divided sovereignties and reframes rights as integral to empowerment.","PeriodicalId":491458,"journal":{"name":"Constitutional forum","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135534375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Is Canadian Constitutional Law Canadian? 加拿大宪法是加拿大的吗?
Constitutional forum Pub Date : 2023-09-27 DOI: 10.21991/cf29458
Dwight Newman
{"title":"Is Canadian Constitutional Law Canadian?","authors":"Dwight Newman","doi":"10.21991/cf29458","DOIUrl":"https://doi.org/10.21991/cf29458","url":null,"abstract":"In 2017, Anthea Roberts published an important book, Is International Law International?, in which she asked whether there was actually a unified approach to international law across international jurisdictions or whether approaches to international law differed significantly within different cultural and educational systems. She went further than asking that question but went on to amass significant evidence on educational profiles of academics in different countries, international law textbooks within different national contexts, and ultimately different and competing national traditions of international law. While I will certainly not here amass the same quantity of material in response to the question, I raise here a question inspired by hers, asking “Is Canadian Constitutional Law Canadian?”
 To be clear, I ask that not in the sense of whether Canadian constitutional law is distinctive relative to the traditions of other states, such as the United Kingdom or United States, but rather whether Canadian constitutional law is unified at a pan Canadian level. Is there one patriated body of constitutional law across Canada, or are there sufficient indications as to raise questions about such a claim that would warrant further and more detailed investigation?","PeriodicalId":491458,"journal":{"name":"Constitutional forum","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135534507","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Patriation and Section 35: The Role of Allan Blakeney in Securing Indigenous Rights 《祖籍与第35节:艾伦·布莱克尼在保障土著权利中的作用》
Constitutional forum Pub Date : 2023-09-27 DOI: 10.21991/cf29456
Howard Leeson
{"title":"Patriation and Section 35: The Role of Allan Blakeney in Securing Indigenous Rights","authors":"Howard Leeson","doi":"10.21991/cf29456","DOIUrl":"https://doi.org/10.21991/cf29456","url":null,"abstract":"This paper will attempt to do four things. First, it will review some of the background essential to understanding how Indigenous leaders were involved in the patriation process and why section 35 was adopted as part of the patriation package. Second, it will elaborate on the role of former Premier Allan Blakeney of Saskatchewan in securing the adoption of section 35. Third, it will examine some of the expectations for significant structural change to the Canadian political system that were contemplated by the non-Indigenous participants involved in the patriation negotiations and, most importantly, why those expectations were never met. Finally, the paper will attempt to answer the fundamental question: are Indigenous peoples and their rights protected by the adoption of a general section 35, or has the existence of such a general provision actually hindered progress toward a more complete reconciliation between Indigenous and non-Indigenous peoples in Canada?","PeriodicalId":491458,"journal":{"name":"Constitutional forum","volume":"49 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135534632","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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