Essays on the Constitution: Aspects of Canadian Law and Politics

This is an important book in two ways: first, because it provides a series of informative, authoritative, and interesting papers on the "old" constitutional law (division of powers) plus the Diefenbaker Bill of Rights; secondly, because Scott himself is an important figure in the development of the "implied bill of rights" (they begin with Saumur, but Roncarelli v Duplessis is closely allied and Scott was counsel for Roncarelli) and later on in the Bilingualism and Biculturalism commission.

The articles are all explicitly coloured by Scott's strong view that the Constitution, as properly interpreted, provides rather greater power for the Federal Government than the Privy Council's "watertight compartments" interpretation provided. This show more is not the only possible view - contrast, for example, the views of Lederman - and the book does need to be seen as representing one side of a debate which is still ongoing. show less