The Embedded Constitutional Legacy

AuthorKathy L. Brock/Geoffrey Hale
 
The Embedded Constitutional Legacy
To understand Canadian federalism today, it is necessary to return
to the founding of the federation. e ideas that the founders
embedded into the constitutional fabric of Canada have continued
to inf‌luence patterns of governance in the present day, although
as we discuss in subsequent chapters, many of these ideas have
morphed, taking on multiple layers of new meaning and dierent
meanings depending on where citizens live and how they def‌ine
themselves as Canadians. Foundational principles that often appear
straightforward on paper are often much more complex in practice
with the potential to become contested and convoluted, causing
quiescent political issues to become quite volatile. us, to begin
to comprehend debates over intergovernmental relations in Canada
and the varying government perspectives, it is necessary to under-
stand the principles as originally embedded in the Constitution in
 and then to follow their journey in meaning through history.
Tensions between federalism and three other core principles of
the Canadian Constitution should be considered as we begin to
ref‌lect on the composition and evolution of Canadian federalism.
First, the rule of law is a vital elementary principle mandating that

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