Patrick J. Hanafin - Identity, Rights and Constitutional Transformation

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IDENTITY, RIGHTS AND CONSTITUTIONAL TRANSFORMATION

Identity, Rights and Constitutional Transformation

Edited by
Patrick J. Hanafin
University of Sussex
Melissa S. Williams
University of Toronto

First published 1999 by Ashgate Publishing

Reissued 2018 by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
711 Third Avenue, New York, NY 10017, USA

Routledge is an imprint of the Taylor & Francis Group, an informa business

Copyright Patrick J. Hanafin and Melissa S. Williams 1999

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Notice:
Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

Publisher's Note
The publisher has gone to great lengths to ensure the quality of this reprint but points out that some imperfections in the original copies may be apparent.

Disclaimer
The publisher has made every effort to trace copyright holders and welcomes correspondence from those they have been unable to contact.

A Library of Congress record exists under LC control number: 98037430

ISBN 13: 978-1-138-31484-9 (hbk)

ISBN 13: 978-0-429-45667-1 (ebk)

Contents

Guide

Alan C. Cairns taught in the Political Science Department at the University of British Columbia from 1960 until his retirement in 1995. Since then he has taught at the University of Toronto and the University of Saskatchewan. In recent years his research has focused on constitutional politics in Canada, including the Charter of Rights and Freedoms, Aboriginal rights, and constitutional reform. His numerous publications include Disruptions: Constitutional Struggles From the Charter to Meech (1991) (McClelland and Stewart), Charter versus Federalism: The Dilemmas of Constitutional Reform (1992) (McGill-Queen's), and Reconfigurations: Canadian Citizenship and Constitutional Change (1995) (McClelland and Stewart).

Patrick Hanafin is Lecturer in Law at the University of Sussex. His research interests lie in the areas of law and literature, law and postmodernity, constitutional interpretation, law and psychoanalysis, representations of death and dying in cultural and legal discourse, and law and sexual difference. His publications include Irish Medical Law (with David Tomkin) (1995) (Round Hall/Sweet and Maxwell), and Last Rights: Death, Dying and the Law in Ireland (1997) (Cork University Press).

Vivien Hart is Professor of Politics at the University of Sussex. Her research interests include gender, law and social policy, 20th century issues of women and state, and constitutionalism and political culture. Her publications include Bound by Our Constitution: Women Workers and the Minimum Wage (1994) (Princeton University Press) and Writing a National Identity: Political, Economic, and Cultural Perspectives on the Written Constitution (co-edited with Shannon Stimson) (1993) (Manchester University Press).

Richard Iton is Assistant Professor of Political Science at the University of Toronto. His research interests include American politics, African-American politics, comparative politics, and the interaction of nationalist thought, class and race. He is the author of Gateway Blues: Comparative Political Cultures and the Search for the Missing American Left (forthcoming).

Robert O'Brien is Lecturer in International Relations at the University of Sussex. His research interests include global political economy, OECD trade and monetary relations, North American/EU/East Asian regional integration, and globalisation and democracy. His publications include Subsidy Regulation and State Transformation in North America , GAIT and the EU (1997) (Macmillan), and "North American integration and international relations theory", Canadian Journal of Political Science (December 1995): 693-724.

Damian O'Leary is a Commonwealth Scholar and doctoral candidate at the University of Toronto. His research interests include moral and political philosophy, theories of justice, and problems of political community. His doctoral thesis is titled "Between Unity and Diversity: The Politics of Community in Northern Ireland".

Jan Aart Scholte is Reader in International Studies at Warwick University. His research interests include globalisation and social change, global trade and finance, and the geography of collective identities. His publications include Globalisation: A Critical Introduction (Forthcoming 1999) (Macmillan), and "Beyond the Buzzword: Towards a Critical Theory of Globalisation", in E. Kofman and G. Youngs (eds) Globalisation: Theory and Practice (1996) (Pinter).

Robert Vipond is Chair of the Department of Political Science at the University of Toronto. His current research centres on constitutional development in Canada and the United States with special reference to the emergence of 'rights talk' in Canada. His publications include Liberty and Community: Canadian Federalism and the Failure of the Constitution (1991) (State University of New York Press) as well as articles in the Canadian Journal of Political Science, the Journal of Canadian Studies, the University of New Brunswick Law Journal, Publius, and Intergovernmental Perspectives.

Melissa S. Williams is Associate Professor of Political Science at the University of Toronto. Her current research interests He at the intersection of democratic theory and social diversity, and include multiculturalism, the theory of toleration, feminist theory, and legal theory. Her publications include Voice, Trust, and Memory: Marginalized Groups and the Failings of Liberal Representation (1998), and articles in Political Theory, the Canadian Journal of Political Science, and Citizenship Studies.

We would like to thank Professor Peter Russell and Professor Vivien Hart for their constant support of this project, and all the contributors for their essays and their patience and understanding. Our warm thanks as well to Ms. Hyla Levy of the Department of Political Science, University of Toronto, for her painstaking work on the manuscript. We would also like to thank both the University of Toronto and the Cunliffe Centre for the Study of Constitutionalism at the University of Sussex for funding the initial colloquium from which these essays are drawn and for continued financial assistance during the editing process. In addition we would like to extend our thanks to the Canadian High Commission for assistance with travel funds.

PATRICK HANAFIN AND MELISSA S. WILLIAMS

These essays grew out of a joint University of Toronto-Sussex University Workshop on Comparative Constitutionalism, held in Toronto in April 1996. The volume, like the workshop itself, bears the clear stamp of Peter Russell from the University of Toronto and of Vivien Hart from Sussex University. Although we have taken up the role of editing the collection, Professors Russell and Hart are ultimately responsible for its existence, as they jointly organised the Workshop as part of an ongoing co-operation between the two universities in the comparative study of constitutional democracy. (They should not, of course, be held responsible for any errors we may have overlooked in the editing process.) Both have contributed extensively to the field of comparative constitutionalism, and particularly to the place of identity in constitutional formation and transformation. We are grateful for their initiative in starting the wide-ranging and, we believe, illuminating conversation that is reflected in these essays.

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