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Canadian Federalism and Treaty Powers
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governm...
Bilingualism and Linguistic Conflict in Romance
TRENDS IN LINGUISTICS is a series of books that open new perspectives in our understanding of language. The series publishes state-of-the-art work on core areas of linguistics across theoretical frameworks as well as studies that provide new insights by building bridges to neighbouring fields such as neuroscience and cognitive science. TRENDS IN LINGUISTICS considers itself a forum for cutting-edge research based on solid empirical data on language in its various manifestations, including sign languages. It regards linguistic variation in its synchronic and diachronic dimensions as well as in its social contexts as important sources of insight for a better understanding of the design of linguistic systems and the ecology and evolution of language. TRENDS IN LINGUISTICS publishes monographs and outstanding dissertations as well as edited volumes, which provide the opportunity to address controversial topics from different empirical and theoretical viewpoints. High quality standards are ensured through anonymous reviewing.
Beyond the Impasse
Efforts to reform the Canadian constitution have only resulted in a serious impasse fostered by demands for change from Quebec and reticence from English Canada. This book looks at the potential for achieving reconciliation through a new partnership between Quebec and Canada in a series of papers that examine the stakes for both Canada and Quebec in opting for a modified relationship that is neither the status quo nor complete separation. Two papers in part 1 lay the conceptual groundwork concerning the constituent elements of partnership. Papers in part 2 deal with the economic union in the context of a renewed partnership. Four papers in part 3 examine issues concerning rights, recognition, and citizenship in a Quebec-Canada partnership. Part 5 broadens the discussion to the international arena and includes a comparative international scan of partnership models. The final part distils the two editors' separate conclusions on how to move beyond the impasse based on the studies presented.
Shaping Language Rights
The European Charter for Regional or Minority Languages protects and promotes traditionally used regional or minority languages in Europe. This volume provides an in-depth analysis of the provisions of the Charter in light of the monitoring work done by the Committee of Experts since 2001. An article-by-article commentary by legal experts examines the meaning and implications of the provisions of the Charter and studies best practice and shortcomings in its implementation by states parties.
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Diversity and Self-Determination in International Law
The emergence of new states and independence movements after the Cold War has intensified the long-standing disagreement among international lawyers over the right of self-determination, especially the right of secession. Knop shifts the discussion from the articulation of the right to its interpretation. She argues that the practice of interpretation involves and illuminates a problem of diversity raised by the exclusion of many of the groups that self-determination most affects. Distinguishing different types of exclusion and the relationships between them reveals the deep structures, biases and stakes in the decisions and scholarship on self-determination. Knop's analysis also reveals that the leading cases have grappled with these embedded inequalities. Challenges by colonies, ethnic nations, indigenous peoples, women and others to the gender and cultural biases of international law emerge as integral to the interpretation of self-determination historically, as do attempts by judges and other institutional interpreters to meet these challenges.
Law and Religious Pluralism in Canada
Law and Religious Pluralism in Canada seeks to elucidate the complex and often uneasy relationship between law and religion in democracies committed both to equal citizenship and religious pluralism. Leading socio-legal scholars consider the role of religious values in public decision making, government support for religious practices, and the restriction and accommodation by government of minority religious practices. They examine such current issues as the legal recognition of sharia arbitration, the re-definition of civil marriage, and the accommodation of religious practice in the public sphere.
Contemporary Canadian Federalism
First published in French in 2006, Le fédéralisme canadien contemporain was immediately recognised as the most comprehensive collection of reflections on Canadian federalism by leading Québécois scholars. This remarkable translation of a range of Québécois voices makes their insightful and underrepresented perspectives available to English-language audiences. Offering alternative views of the Canadian federal model's realities by covering its foundations, traditions, and institutions, Contemporary Canadian Federalism considers the ways in which federalism relates to issues such as regionalism, multiculturalism, rights and freedoms, financial distribution, and public policy. Filled with stimulating work that bridges the gap between distinctive traditions in English- and French-Canadian scholarship on federalism, this important volume is required reading for understanding provincial-federal relations and Canadian governance.
The Case for Decentralized Federalism
The Case for Decentralized Federalism and its sister volume The Case for Centralized Federalism are the outcome of the Federalism Redux Project, created to stimulate a serious and useful conversation on federalism in Canada. They provide the vocabulary and arguments needed to articulate the case for a centralized or a decentralized Canadian federalism. The Case for Decentralized Federalism brings together experts who believe decentralized federalism is the optimal arrangement for governing the contextual diversity and cultural pluralism in Canada. Using different approaches, they argue that by dividing the work of public governance among different levels of government, it is easier to address the needs and aspirations of the diverse groups that make up Canada.
Canada on the Threshold of the 21st Century
This collection contains a selection of papers presented a the very First All-European Canandian Studies Conference that took place in The Hague, October 24-27, 1990. This unique meeting took place for the first time in the history of Canadian Studies. The focus of the papers is on the future rather than the past and it took place at a moment in time when Canada went through major crises that raised serious doubts about the country s future. The papers of this volume explore the main issues and problems that Canada faces. The volume contains sections on demography, environmental problems, economic transformations, Canadian identity, political power structure, aboriginal issues and Canada s international relations. As a whole the book takes stock where Canada stands and where it is going.
