Download the full-sized PDF
Permanent link (DOI): https://doi.org/10.7939/R31834D03
This file is in the following communities:
|Law, Faculty of|
This file is in the following collections:
|Journal Articles (Law)|
Towards an Integrated, Liberal Theory of the Canadian State Open Access
- Author or creator
O'Byrne , Shannon
- Additional contributors
- Type of item
- Journal Article (Published)
In this article, the author challenges the tendency in common law Canada to conflate the distinction between State and society. Following the analysis of Kenneth Dyson, the author contends that the State occupies a distinct sphere produced by or contained in the interconstitutive relationship of State institution, on the one hand, and State idea, on the other. The State concept is presented as neither merely active nor merely passive but as involving a relationship between action and reflection, between institution and idea. The author then analyses the broadly shared public values which are contained in the Canadian State idea when viewedfrom a liberal political perspective. That these values incrementally modulate the exercise of public power — and vice versa — argues for a State-society distinction which is not generally emphasized in common law Canada.
- Date created
- License information
- © 1992 Shannon O'Byrne. This version of this article is open access and can be downloaded and shared. The original author(s) and source must be cited.
- Citation for previous publication
O'Byrne, S., (1992). Towards an Integrated, Liberal Theory of the Canadian State. Les Cahiers de Droit, 33(4), 1057-1095.
- Link to related item
- Date Uploaded
- Date Modified
- Audit Status
- Audits have not yet been run on this file.
File format: pdf (Portable Document Format)
Mime type: application/pdf
File size: 2220743
Last modified: 2016:11:08 17:03:47-07:00
Original checksum: 830ac30100f50de22af12bebdd832288
Well formed: true
File title: "Towards an Integrated, Liberal Theory of the Canadian State"
File author: Shannon Kathleen O’Byrne
File author: Shannon Kathleen OByrne
Page count: 37