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The moral foundations of Canadian federalism: paradoxes, achievements, and tragedies of nationhood
Focusing on key events in Canadian political history, Samuel LaSelva examines the moral foundations of the Canadian federal system of government and their implications. He explores the ideals, arguments, and rhetoric invoked by the debates surrounding crucial events in Canadian federalism - Confederation, patriation of the constitution, Meech Lake, and the Charlottetown accord - and situates them within the context of moral and political philosophy.
The Canadian Charter, the British Connection, and the Americanization Thesis: Toward a Montesquieuean Analysis of Rights and Their Protection
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 50, Heft 4, S. 1061-1081
ISSN: 1744-9324
AbstractThis article examines the Canadian Charter with reference to "the British connection" and "the Americanization thesis." It also attempts to demonstrate the importance of Montesquieu'sThe Spirit of the Lawsin addressing these issues. Pierre Trudeau insisted that a Charter of Human Rights would provide Canadians with a new beginning and settle difficult questions about the Canadian identity. His critics said that fundamental rights were already protected because Canada had a constitution similar in principle to the United Kingdom, and that the proposed Charter was a step in the Americanization of Canada. What a Montesquieuean analysis helps to identify are significant limitations in both "the British connection" account and "the Americanization thesis." And, by the avoiding the abstract universalism of Trudeau's "inalienable rights" theorizing and Dworkin's "rights as trumps" regime, a Montesquieuean analysis also helps to demonstrate the distinctiveness of Canadian constitutionalism from Confederation to the Charter.
Toleration Without Hate Speech: The Keegstra Decision, American Free Speech Exceptionalism and Locke's Letter
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 48, Heft 3, S. 699-718
ISSN: 1744-9324
AbstractThis paper re-examines the issue of hate propaganda under the Canadian Charter of Rights and the US Bill of Rights. It also reconsiders the significance of Locke's Letter Concerning Toleration. What the paper attempts to show is that one strand of Locke's famous argument supports First Amendment exceptionalism and Justice Holmes's dissenting opinions in Abrams and Schwimmer, but another strand buttresses the Keegstra and Butler decisions and the Report of the Special Committee on Hate Propaganda in Canada. In the contemporary context of the debate over free speech and its limits, Lockean toleration has communitarian as well as libertarian dimensions, and the control of hate propaganda in Canada's multicultural and multinational polity becomes more clearly an important part of the liberal tradition.
The Canadian Federalist Experiment: From Defiant Monarchy to Reluctant Republic
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 37, Heft 1, S. 200-202
ISSN: 0008-4239
England's Disgrace? J. S. Mill and the Irish Question
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 35, Heft 3, S. 681-682
ISSN: 0008-4239
Mosaic and Melting-Pot: The Dialectic of Pluralism and Constitutional Faith in Canada and the United States
In: Canada: the state of the federation, S. 293-312
ISSN: 0827-0708
Re-imagining Confederation: Moving Beyond the Trudeau-Lévesque Debate
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 26, Heft 4, S. 699-720
ISSN: 1744-9324
AbstractThe Trudeau-Lévesque debate has created a political deadlock that threatens not only Confederation but federalism as well. At the core of the political deadlock is a philosophical dispute about language, in which liberty is set against community, and particularism becomes opposed to universalism. Not only does the Trudeau-Lévesque deadlock presuppose an antagonism between basic values that is difficult to justify, but it has also diverted attention from important dimensions of Canadian federalism. An exploration of the Trudeau-Lévesque debate provides insights as to how the deadlock can be dissolved, thereby facilitating the re-imagination of Confederation.
Federalism as a Way of Life: Reflections on the Canadian Experiment
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 26, Heft 2, S. 219-234
ISSN: 1744-9324
AbstractFederalism is commonly described, in Canada and elsewhere, as a political expedient, or a constitutional arrangement, or a sociological characteristic of some societies. Federalism can also be a moral experiment that seeks to realize a way of life. Canada is an instance of such an experiment. Moreover, the moral value that grounds the Canadian experiment is not freedom or diversity, but fraternity. Federalism as fraternity has its beginnings in Cartier's vision of Confederation, and provides a vision of federalism that can sustain Canadians in their times of trouble.
Federalism as a Way of Life: Reflections on the Canadian Experiment
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 26, Heft 2, S. 219
ISSN: 0008-4239
Re-imagining Confederation: Moving Beyond the Trudeau-Levesque Debate
In: Canadian journal of political science: CJPS = Revue canadienne de science politique : RCSP, Band 26, Heft 4, S. 699
ISSN: 0008-4239
The Charter of Rights and the Legalization of Politics in CanadaMichael Mandel Toronto: Wall and Thompson, 1989, pp. xii, 368
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 22, Heft 4, S. 846-847
ISSN: 1744-9324
Reply: Rethinking Equal Opportunity
In: Canadian journal of political science: CJPS = Revue canadienne de science politique, Band 21, Heft 3, S. 597-598
ISSN: 1744-9324
Professor Drummond has raised so many objections to my study of mandatory retirement that I cannot reply to all of them without taxing the patience of readers of this JOURNAL. But one of his criticisms articulates a conception of liberal justice under the Charter, and it is to this important issue that I shall confine my reply.
'A Single Truth': Mill on Harm, Paternalism and Good Samaritanism
In: Political studies: the journal of the Political Studies Association of the United Kingdom, Band 36, Heft 3, S. 486-496
ISSN: 1467-9248
On Liberty provides the classic defence of what has come to be known as Mill's harm principle and yet that principle is commonly believed to be at odds with Mill's equally famous discussions of paternalism and good samaritanism. Moreover, the alleged inconsistencies are often said to expose the inadequacies not only of Mill's antipaternalism and good samaritanism but his harm principle as well. This paper offers a re-interpretation of these three aspects of On Liberty. It attempts to show both the unity of Mill's thought and how the contemporary relevance of his ideas has been misunderstood.
A SINGLE TRUTH : MILL ON HARM, PATERNALISM AND GOOD SAMARITANISM
In: Political studies, Band 36, Heft 3, S. 486-496
ISSN: 0032-3217
ON LIBERTY PROVIDES THE CLASSIC DEFENCE OF WHAT HAS COME TO BE KNOWN AS MILL'S HARM PRINCIPLE AND YET THAT PRINCIPLE IS COMMONLY BELIEVED TO BE AT ODDS WITH MILL'S EQUALLY FAMOUS DISCUSSIONS OF PATERNALISM AND GOOD SAMARITANISM. MOREOVER, THE ALLEGED INCONSISTENCIES ARE OFTEN SAID TO EXPOSE THE INADEQUACIES NOT OF MILL'S ANTIPATERNALISM AND GOOD SAMARITANISM BUT HIS HARM PRINCIPLE AS WELL. THIS PAPER OFFERS A RE-INTERPRETATION OF THESE THREE ASPECTS OF ON LIBERTY. IT ATTEMPTS TO SHOW BOTH THE UNITY OF MILL'S THOUGHT AND HOW THE CONTEMPORARY RELEVANCE OF HIS IDEAS HAS BEEN MISUNDERSTOOD.