Research Paper Number
Canadian; constitutional; culture
In this piece I will look at three areas of modern Canadian constitutional life in which one finds the play of these two constitutional logics. I will look to cultural and religious difference, judicial review, and issues of Indigenous rights. My purpose is to illuminate something generally unnoted but essential in the culture of Canadian constitutionalism and so my focus is on the Canadian case. Nevertheless, I would venture that although Canadian constitutional life might serve as a particularly potent instance of this dynamic, what I am exposing is a general predicament of modern constitutionalism and what I am suggesting is of broader methodological import in the study of constitutional cultures.
Berger, Benjamin L., "Children of Two Logics: A Way into Canadian Constitutional Culture" (2013). Comparative Research in Law & Political Economy. Research Paper No. 32/2013.