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Constitutional Forum : Forum constitutionnel
Number of Followers: 7

This is an Open Access Journal

Open Access journal
ISSN (Print) 0847-3889
Published by U of Alberta

[25 journals]

Editorial Introduction
- Authors: Hoi Kong, Margot Young
  Pages: i - iv
  Abstract: In this editorial introduction, guest issue editors Hoi Kong and Margot Young provide a survey of the Constitutional Crossroads issue, noting its roots in a co-sponsored conference hosted at UBC's Allard School of Law in January 2023.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29467
  Issue No: Vol. 32, No. 4 (2024)
R v Sharma’s “Clarification” of the Section 15 Framework and its
Creation of Unique Barriers for Disability-Based Equality Claims
- Authors: Caitlin Salvino
  Pages: 1 - 14
  Abstract: This article analyzes the re-framing of the section 15(1) test in Sharma and its potential implications for future equality rights claimants. After identifying the various ways in which Sharma altered the section 15(1) equality rights framework, it argues that this reframing poses unique and problematic challenges for disability-based equality claims.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29468
  Issue No: Vol. 32, No. 4 (2024)
Abortion Rights Without Law: A Constitutional Reflection
- Authors: Joanna Erdman
  Pages: 15 - 20
  Abstract: Abortion rights in Canada seem both too small and too big for law, or perhaps we only think so because of how we think about law, which confirms the view that we are better off without it. Maybe then we should ask a different question: is there an abortion rights law to which we would say yes' Can we imagine a statutory scheme, or, more provocatively, a legislative package, with a radically reimagined role for the state and its power' Could law assemble the diverse experiences of abortion into something material rather than abstract' Could law create a care infrastructure to support people in all their reproductive decisions and throughout their reproductive lives: the right to end a pregnancy, the right to continue one, and the right to parent your child in a safe and healthy environment' Wouldn’t we say yes to a law that holds space for this political future' In Canada, this is no speculative imagination. Our Supreme Court accepts that constitutional futures can take shape in innovative laws that affirm and reach ahead to our political aspirations. We need only make them.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29469
  Issue No: Vol. 32, No. 4 (2024)
How Does it Feel to be a Problem' Inclusion and Exclusion and
Quebec’s Bill 21
- Authors: Vrinda Narain
  Pages: 21 - 30
  Abstract: This paper seeks to analyze Bill 21 through the frameworks of minority rights and reasonable accommodation. It problematizes the “problem” of the veil, arguing that legislative deveiling, notably Bill 21, is a symptom of a larger crisis, namely the triumph of majoritarian politics over the constitutional protection of minority rights. Worse, while such laws are the result of popular discomfort with difference, their enactment further entrenches the binaries and assumptions that fuel such populist discomfort. As such, Bill 21 provides a useful case study of the role of law in responding to popular anxieties and in shaping perceptions of difference and equality in the first place.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29470
  Issue No: Vol. 32, No. 4 (2024)
The Legal Status of LGBTQ+ in China: A Law and Politics Perspective
- Authors: Jie Cheng
  Pages: 31 - 38
  Abstract: This short article analyzes the rights and status of LGBTQ+ individuals in China from the perspective of the relationship between law and politics. More specifically, it aims to further the discussion surrounding the legal status of LGBTQ+ individuals by examining the power dynamics and interplay among the government, society, and business interests that have collectively shaped laws and policies affecting LGBTQ+ communities alongside culture and ideology.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29471
  Issue No: Vol. 32, No. 4 (2024)
Comparative Constitutional Design: Northern Stagnation, Southern
Innovation
- Authors: Ran Hirschl
  Pages: 39 - 50
  Abstract: It is hard to overstate the intellectual renaissance of comparative constitutional law over the last two decades. And yet, despite this tremendous renaissance, some challenges persist. This article focuses on one such challenge: the tendency of comparative constitutional law to draw on a small number of "usual suspect" jurisdictions based in the Global North. This establishes an overarching presumption of a supposed one-way flow of new constitutional ideas from the Global North to the Global South, but many of the most daring and innovative constitutional experiments vis-a-vis climate change, urbanization, and democratic renewal have in fact taken place in the Global South. This article accordingly argues that the Global South offers a valuable arsenal of novel constitutional design options that deserves more scholarly interest and attention.
  PubDate: 2024-04-22
  DOI: 10.21991/cf29472
  Issue No: Vol. 32, No. 4 (2024)

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