Provincializing Constitutions: History, Narrative, and the Disappearance of Canada’s Provincial Constitutions

Perspectives on Federalism

Price Peter¹ 

[1] Social Sciences and Humanities Research Council of Canada Postdoctoral Fellow in the Department of Politics and International Studies at the University of Cambridge.;

关键词: Canadian constitution;    subnational constitutionalism;    narratives;    constitutional history;    federalism;   

DOI  :  10.1515/pof-2017-0019

来源: DOAJ

【 摘 要 】

Constitutional scholarship in Canada since Confederation has been characterized by two primary narratives. The dualist narrative, which characterized constitutional scholarship between the late-nineteenth and mid-twentieth centuries, focussed on the parallel developments of provincial and federal constitutions. The monist narrative, which has become the dominant model of interpretation since the mid-twentieth century, focusses on the federal constitution as a singular foundation of constitutionalism in Canada. As a result of the shift from dualism to monism, provincial constitutions have become largely ignored in Canada and subsumed by the “mega-constitutional” politics of the federal constitution. This paper examines provincial constitutions to highlight the significant reorientation of constitutional scholarship in Canada over the past 150 years, which has become primarily focussed on post-Confederation constitutional history and written constitutionalism.

【 授权许可】

Unknown