Constitutional Law of Canada

Peter W. Hogg

За особеностите на екземпляра

Състояние:: Добро
Забележка:: Здраво книжно тяло, тук-там е подчертавано.
Език:: Английски
Наличност:: 1 бр.

За изданието

Издателство:: Thomson / Carswell
Година:: 2006 г.
Език:: Английски
Страници:: 1455
Корици:: Меки
Категория:: Право
Ширина (мм):: 170
Височина (мм):: 240
Дебелина (мм):: 50

Preface to the Fourth Edition This is the fourth edition of my Constitutional Law of Canada. The first edition was published in 1977, the second edition was published in 1985 and the third edition was published in 1992. Since the third edition was published, the Supreme Court of Canada has decided nearly 200 constitutional cases, most of them under the Charter of Rights. On the political front, the set of amendments known as the Charlottetown Accord was defeated in a national referendum in 1992 (after the third edition had gone to press) and Quebec’s proposal to become a sovereign state was defeated in a provincial referendum in 1995. There has been plenty to write about. The third edition was published in a loose-leaf format as well as a bound format. I kept the loose-leaf version up to date by writing annual supplements that were sent out to subscribers for filing into the volumes. The fourth edition is a consolidation of all the supplementary material that has been included in the loose-leaf version up to September 1996. In addition, all textbook references have been brought up to date, the sections of each chapter and the footnotes have been renumbered, and some new writing has been introduced where I judged that pre- 1996 developments had not been adequately treated in the annual supplements. The fourth edition will be published in three formats. There will be a loose- leaf version (existing subscribers will receive the fourth edition automatically), a hardcover bound version and a softcover, abridged version for students (called 1997 student edition). Unfortunately, all three editions have to have different pagination (and of course the loose-leaf version will be annually revised). In cross-references and the index, I have avoided all references to pages and have referred only to the numbered sections of the text and to footnotes. This is probably the best practice for citation as well, but if page references are used, it is important to stipulate which version of the fourth edition is being cited. The fourth edition, like its predecessor, is arranged in four parts. Part I, Basic Concepts, consists of 14 chapters, which cover the sources of constitutional law, the constitutional history of Canada, the status and amendment of the constitution, the theory of federalism and judicial review, and basic information about the structures of Canadian government. Part II, Distribution of Powers, consists of 16 chapters, which cover the federal distribution of powers, including the techniques of judicial review on federal grounds and paramountcy. Part III, Civil Liberties, consists of 24 chapters, which cover the protection of civil liberties, especially under the Charter of Rights. Part IV, Practice, consists of three chapters, which cover the effect of an unconstitutional law and the practice and procedure of constitutional litigation. The book is about the law of Canada and makes no claim to be a comparative study. However, there are many references to the constitutional law of the United Kingdom, New Zealand, Australia and the United States. The American Bill of Rights is included as an appendix. The International Covenant on Civil and Political Rights is also included as an appendix, and some reference is made to that instrument and other international human rights instruments and their jurisprudential exegesis. I have generally been sparing in citation, concentrating on the leading cases and commentaries. Decisions below the level of the Supreme Court of Canada and the secondary literature are cited only if they are especially interesting or important. I have also borne in mind the admonition of Dixon C.J. in the High Court of Australia that "not everything that appears in the law reports" is the law (White v. The Queen (1962) 107 C.L.R. 174, 175). There is accordingly much criticism of judicial reasoning, but always with a view to the recognition and application of sound principle. Others will not always agree with my "sound principle", but I have tried to be frank in identifying my own opinions so that they can be appropriately discounted by the reader. I appeared as counsel in some of the cases discussed in the text. In each case, that fact is disclosed in a footnote to the discussion, just in case my objectivity has been impaired. In preparing the fourth edition, I am grateful to the able student research assistants who helped me prepare the annual supplements to the third edition. They are Randy Graham, LL.B. 1995, Eliza Erskine, LL.B. 1996, and Allison Bushell, LL.B. 1998. Allison Bushell also played an indispensable role in converting the loose-leaf text into a coherent fourth edition, updating the references, and in helping me with the new writing. Jill Whelan, LL.B. 1998, proof-read the entire manuscript and saved me from numerous errors. The path to publication was a smooth one, thanks to the efficiency of Karol Roseman, Lyn Northey and their colleagues at Carswell. Last but not least I thank my wife, Frances Hogg, who is unfailingly tolerant of my obsessive work habits, as well as being a joy to live with. Toronto, May, 2001 Peter W. Hogg