- Introduction - Setting the Stage: Chekhov’s Gun Inverted
Part One: Genesis and Context
- 1: An Historic Canadian Compromise: Forty Years after the Patriation of the Constitution, Should We Cheer a Little?
- 2: The Evolving Debate over Section 33 of the Charter
Part Two: Fundamentals
- 3: Key Foundations for the Notwithstanding Clause in Institutional Capacities, Democratic Participatory Values, and Dimensions of Canadian Identities
- 4: The Notwithstanding Clause, the Operation of Legislation, and Judicial Review
Part Three: Judicial Review
- 5: Legislative Choices in Using Section 33 and Judicial Scrutiny
- 6: Judicial Declarations Notwithstanding the Use of the Notwithstanding Clause? A Response to a (Non-) Rejoinder
- 7: Notwithstanding Judicial Review: Legal and Political Reasons Why Courts Cannot Review Laws Invoking Section 33
- 8: Courts, Legislatures, and the Politics of Judicial Decision-Making (or Perhaps the Notwithstanding Clause Isn’t Such a Bad Thing after All)
Part Four: Quebec
- 9: The Notwithstanding Powers and Provisions:An Asset for Quebec and for Canada
- 10: Bill 21 and Bill 96 in Light of a Distinctive Quebec Theory of the Notwithstanding Clause: A Distinct Approach for a Distinct Society and a Distinct Legal Tradition
- 11: Quebec’s Bills 21 and 96: An Underwater Eruption
- 12: The Rise and Fall of Liberal Constitutionalism in Quebec
Part Five: Legitimacy, Justification, Democracy
- 13: The Notwithstanding Clause, Bill 96, and Tyranny
- 14: Are There Constitutional Limits on the Use of the Notwithstanding Clause?
- 15: Notwithstanding v. Notwithstanding: Sections 28 and 33 of the Canadian Charter of Rights and Freedoms
- 16: Section 33, the Right to Vote, and Democratic Accountability
- 17: The Text and the Ballot Box: Section 3, Section 33, and the Right to Cast an Informed Vote
- 18: Notwithstanding Minority Rights: Rethinking Canada’s Notwithstanding Clause
- 19: Detoxing Democracy: Exploring Motivation, Authority, and Power
