English (United Kingdom)

https://curated-unify.zendy.io/wp-json/zendy-region/v1/featured_content/oa?rat=en

https://curated-unify.zendy.io/wp-json/zendy-region/v1/highlighted_journal/

Global: Zendy Plus annual

Presents the access of premium content as premium feature

Premium Content

Presents the keyphrase highlighting as premium feature

Keyphrase Highlighting

Presents the summarisation as premium feature

Summarisation

Insights

Presents the pdf analysis as premium feature

PDF Analysis

Presents the zaia usage as premium feature

ZAIA

Global: Zendy Plus monthly

Global: Zendy Tools annual

Global: Zendy Tools monthly

Global: Zendy Free Plan

For its failure to entrench property rights, Canada’s constitution has rightly been called an outlier amongst liberal constitutions. This Article seeks to explain how that came to be the case, reexaming and reinterrogating old theories. The Article argues that the legal intellectual climate at the time of repatriation in 1982 ended up being signficant. It also examines the key role of a number of chance factors and of arguably mistaken assumptions about legal results that could ensue from a property rights clause. An important result is to clear the ground for present-day arguments for the entrenchment of property rights. The Article thus presents a narrative of how property rights came to be excluded from the Canadian constituition and why that contingent and time-bound choice as to their exclusion should not continue to control the debate.

The Exclusion of Property Rights from the <i>Charter</i>: Correcting the Historical Record