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By Stephen L. Newman

Comparative examine of yank and Canadian constitutionalism, in particular rights jurisprudence.

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Rather, there is more than enough room and occasion to make choices regarding how to construe the constitutional text through the expression of a logically consistent political worldview. Within the inevitable ambiguities of the text, sufficient space is provided for the construction of an “unwritten constitution” reflecting the judicial ideology that can currently muster a majority on the Supreme Court. Of course, this power would be extended far beyond anything that Marshall and Holmes would have tolerated, to the extent that justices on the bench no longer feel any restraints in exercising their political power to interpret the constitutional text.

C. 51 Opposition to the Nisga’a Agreement was not confined to the non-native side. Some Nisga’a and many other aboriginal people, including representatives of First Nations involved in the British Columbia Treaty Commission,52 criticized the agreement for giving up too much land and too much self-government. Canada has made as much, if not more, progress than any other settler country in reaching a postcolonial relationship with its native peoples. Still, the struggle over ratification of the Nisga’a Agreement shows that native and non-native Canadians are still far from a genuinely consensual and popular resolution of their constitutional differences.

The quoted words are from the oral submission of the attorney general of Saskatchewan. I have substituted “multination political community” for “nation” in the original. Reference re the Secession of Quebec, #96. CHAPTER 2 Constitutional Interpretation from Two Perspectives: Canada and the United States Sheldon D. Pollack Introduction Canada and the United States both have written constitutions and independent judiciaries that possess the exclusive legal authority to interpret those constitutions.

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