From Constitutionalism to Legalism: Trial by Jury, Responsible Government, and the Rule of Law in the Canadian Political Culture

  title={From Constitutionalism to Legalism: Trial by Jury, Responsible Government, and the Rule of Law in the Canadian Political Culture},
  author={Paul Romney},
  journal={Law and History Review},
  pages={121 - 174}
  • P. Romney
  • Published 1989
  • Law, History
  • Law and History Review
The influence on the Canadian political culture of two conflicting tendencies in common-law constitutional thought, constitutionalism and legalism, merits attention. By constitutionalism, I mean a particular response to the apprehended infringement of civil rights and liberties by the state: an appeal to standards of state conduct that are supposedly sanctified by long usage, implied contract, or both. By legalism, I mean the justification of alleged infringements by invoking the lawfulness of… 
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