Images of a Constitution

Texte du rabat

First published in 1989, Conklin first tells us what a constitution is not: it is not a text, a compendium of judicial and legislative decisions interpreting a text, a set of doctrines, moral/political values, customs,a priori conceptions. A constitution is an image which exists through the legal consciousness of a community.

Contenu

Preface. 1. Introduction: Images of a Constitution Part I: Images and the Law of a Constitution 2. Images and Three Traditional Subjects of Canadian Constitutional Law 3. Images and Constitutional Procedure 4. Constitutional Amendment 5. The Canadian Bill of Rights 6. Lower Court Images of a Charter of Rights 7. Supreme Court Images of a Charter of Rights Part II: The Rationalist Image of a Constitution 8. The Rule Rationalist Image of Federalism Law 9. The Policy Rationalist Image of Federalism Law 10. The Image of "Orthodox" Rationalism Part III: An Image of a Constitution and the Text 11. Rand's Teleological Image of a Constitution 12. The Text and the Text's Questions 13. An Image of a Constitution. Notes. S ubject Index. Name Index. Index of Cases Reviewed.