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The Quebec Decision
The Supreme Court decision on Quebec, delivered in August 1998, was hailed as a victory by both federalists and sovereigntists. This book explains the reasons for this historic decision. It includes the full text of the Supreme Court's opinion together with essays and other key documents. David Schneiderman, Executive Director of the Centre for Constitutional Studies at the University of Alberta, provides a thoughtful introduction to the decision and the debates surrounding it. He has selected a wide range of essays that explore the profound implications of the Court's decision for Canada's future. Anyone interested in Quebec and the future of Canadian federalism will find The Quebec Decision an invaluable resource.
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.
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.
Religion, Culture, and the State
The Canadian principle of reasonable accommodation demands that the cultural majority make certain concessions to the needs of minority groups if these concessions will not cause 'undue hardship.' This principle has caused much debate in Quebec, particularly over issues of language, Muslim head coverings, and religious symbols such as the kirpan (traditional Sikh dagger). In 2007, Quebec Premier Jean Charest commissioned historian and sociologist Gérard Bouchard and philosopher and political scientist Charles Taylor to co-chair a commission that would investigate the limits of reasonable accommodation in that province. Religion, Culture, and the State addresses reasonable accommodation from legal, political, and anthropological perspectives. Using the 2008 Bouchard-Taylor Report as their point of departure, the contributors contextualize the English and French Canadian experiences of multiculturalism and diversity through socio-historical analysis, political philosophy, and practical comparisons to other jurisdictions. Timely and engaging, Religion, Culture, and the State is a valuable resource in the discussion of religious pluralism in Canadian society.
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.
The Daily Plebiscite
This volume assembles some of Cameron's best works on federalism, nationalism, and the constitution, including journal articles, book chapters, speeches, newspaper op-eds, and unpublished opinion pieces spanning nearly fifty years of engagement. In addition,The daily plebisciteincludes a conversation between Cameron and Robert C. Vipond on the "long decade" of the 1980s in Canadian constitutional politics, a brief history of the mega-constitutional era, and concluding reflections on the broader lessons that other divided societies might take from the Canadian experience. -- Résumé de l'éditeur.
The Future of Tradition
Recent years have seen an increased interest in the variety of cultures co-existing within one state, and a growing acknowledgement of the values ensconced in pluralistic social structures. this book examines the manner in which indigenous people can function in modern states, preserving their traditional customs, while simultaneously adapting aspects of their culture to the challenges posed by modern life. Whereas it was formerly assumed that these tribal frameworks were doomed to extinction, and some states even encouraged such a process, there has been a revival in their vitality, linked to a recognition of their rights. The book offers a comprehensive survey of various aspects of tribal ...
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.
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...
Self-determination and Minority Rights in China
In Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.
