Canada as Constitutional Exporter: The Rise of the ‘Canadian Model’ of Constitutionalism

Supreme Court Law Review, Second Series, Vol. 36, 2007

This article details the rise of a Canadian model of constitutionalism at the intersection of constitutional law and international relations. Examining the influence of the Charter abroad reveals distinct features of Canadian constitutionalism such as a single limitations clause that applies to all rights and a notwithstanding mechanism which can also be conceived of as an exception by express declaration. The article argues that there are both general and specific explanations for the attractiveness of the Canadian constitutional model. It uses the experiences of New Zealand and South Africa to reveal the narrative of the Charter’s influence on constitutional development in those countries. The final section of the paper situates the Charter’s export in terms of Canadian foreign policy, describing it as an example of the exercise of soft power which in turn supports and is supported by other elements of Canadian foreign policy. The article concludes with the caution that Canadian constitutional influence is only likely to continue if Canadian jurists and scholars take a greater interest in constitutional developments abroad, particularly in those countries that have looked to the Canadian constitutional model for guidance.

Categories: My Articles

Comments are closed.