Rewriting the Canadian Constitution

Rewriting the Canadian Constitution imagines how Canada’s Constitution could be rethought and reshaped through amendment. Assuming that broad constitutional change is possible, this volume brings together leading scholars from law, political science, and philosophy to examine four key areas of reform: the federal-provincial division of powers, democratic institutions, the unwritten constitution, and the rules of amendment themselves. The resulting contributions are rigorous, creative, and critical. They develop innovative models of shared jurisdiction, propose ways to strengthen democratic accountability, assess deficits in representation and participation – particularly for Indigenous peoples, evaluate reforms of existing procedures, and much more. Taken together, the collection advances a form of constitutional possibilism: a commitment to imagining what Canada’s Constitution could become. Reflecting a diverse set of methodological, theoretical, and disciplinary perspectives, the essays highlight gaps and tensions in Canada’s current constitutional framework while offering concrete, hopeful visions for reform. Rewriting the Canadian Constitution will engage students, scholars, lawyers, judges, advocates, and policymakers alike. It is essential reading for anyone interested in the past, present, or future of the Canadian Constitution.