Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-m6dg7 Total loading time: 0 Render date: 2024-11-09T08:27:46.211Z Has data issue: false hasContentIssue false

7 - The Spectre of Comity

from Part II - Border Crossings: Comity and Mobility

Published online by Cambridge University Press:  17 January 2020

Jacco Bomhoff
Affiliation:
London School of Economics and Political Science
David Dyzenhaus
Affiliation:
University of Toronto
Thomas Poole
Affiliation:
London School of Economics and Political Science
Get access

Summary

Karen Knop takes up the question ‘[h]ow do we study doorways and the constitution?’ and offers an answer in a deliberately ‘explanatory and experimental vein’. Her contribution focuses on the curious introduction, by the Supreme Court of Canada, of ‘comity’ as a principle of interpretation for the Canadian Charter of Rights and Freedoms. Curious, because, as Knop writes, while the ‘constitutionalization of comity is familiar’, notably in the area of private international law, ‘the “comitization” of the Constitution is not’. Knop analyzes four leading decisions by the Supreme Court of Canada, each of which figured ‘something(s) called “comity”’ as ‘a way in which the existence of, dependence on and regard for the Other figure in the constitution’. Using these four cases, Knop is able to elaborate a history of ‘cosmopolitanism introduced into the Constitution by comity’, that both reaches further back and is richer – in including also private legal relations – than familiar accounts of the post-Second World War emergence of international human rights regimes in public international law.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2020

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure [email protected] is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×