Skip to main content

Constitutional Law

5th edition


, ,



Publication date

31 January, 2017



Page extent




Essentials of Canadian Law

AUD $89.95 gst included

SKU: 9781552214404 Categories: ,

Product Description

The fifth edition of Constitutional Law represents a significant update of the fourth edition, published in 2013. During this period, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, Indigenous title, and inter-jurisdictional immunity. This book includes the complete text of the Canadian Constitution, including explanatory footnotes as consolidated by the federal Department of Justice.


Professor Monahan authored the first three editions of this text, and invited Mr. Byron Shaw to join him as a co-author for the fourth edition. Mr. Padraic Ryan has now joined in this most recent revision. As with earlier editions, the aim of this text is to provide lawyers, academics, and law students with a general introduction to, and overview of, the basic elements of the Canadian Constitution. The authors discuss issues in sufficient detail so that the book will be of value to lawyers who encounter constitutional issues in their daily practice. Constitutional Law has been cited with approval by provincial and territorial appellate courts, as well as by the Supreme Court of Canada.

Foreword to the First Edition

Part One: Introduction
1. An Introduction to the Study of the Canadian Constitution

Part Two: The Framework and Institutions of Government
2. Canada’s Constitutional Development before 1867
3. The Constitution Act, 1867: Executive and Legislative Power
4. The Constitution Act, 1867: Federalism and Judicial Power

Part Three: Constitutional Change
5. Constitutional Amendment, 1867–1982
6. Constitutional Change Since 1982

Part Four: The Courts and Canadian Federalism
7. The Courts and Canadian Federalism: From Watertight Compartments to Shared Responsibility
8. Peace, Order, and Good Government
9. Trade and Commerce
10. Property and Civil Rights in the Province
11. Criminal Law
12. The Constitution and Transportation

Part Five: The Charter and Aboriginal Rights
13. The Canadian Charter of Rights and Freedoms: Structure and Application
14. Rights and Freedoms of the Charter
15. Indigenous Peoples and the Canadian Constitution

Part Six: Conclusion
16. The Canadian Constitution in the Twenty-First Century

Constitution Acts 1867 to 1982
Table of Cases