Bulletin n. 1/2010
July 2010
CONTENTS
  • Section A) The theory and practise of the federal states and multi-level systems of government
  • Section B) Global governance and international organizations
  • Section C) Regional integration processes
  • Section D) Federalism as a political idea
    • Randall Brent
    Strengthening Federalism Through Charter Decisions
    in Federalism-E , volume 10, April ,  2009 ,  101-112
    The Constitution Act, 1982, containing the Charter of Rights and Freedoms, is seen by many to be a major victory for individual liberty. The Charter is seen as a ground-breaking provision, but it is also at the mercy of interpretation. Like the Constitution containing it, there are many ambiguous terms which inevitably demand application when settling disputes between two parties. This requirement of interpretation can turn the Charter from celebrated to controversial depending on the interests involved. In Canada, provincial and federal legislatures are most often in charge of interpreting the Constitution favourably by creating laws that capture the spirit of the document. If for some reason there is concern with how the Constitution, and Charter, is interpreted through this legislation, the Supreme Court of Canada is the final decision-maker on its validity.
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