Mark D Walters

Biographic Data

ID5579175
NAMEMark D Walters
GIVEN NAMESMark D
FAMILY NAMEWalters
SIGNATUREWALTERS M D
AFFILIATIONSFaculty of Law Queen's University
VERIFIEDNo
TOTAL WORKS12
TOTAL CITATIONS10
AUTHOR COUNT12
EDITOR COUNT0
FIRST PUBLICATION YEAR1996
LATEST PUBLICATION YEAR2020
H-INDEX2

  • A.V. Dicey and the Common Law Constitutional Tradition: A Legal Turn of Mind

    Open AccessMark Walters, Mark D WaltersBOOKA. V. Dicey and the Common Law…2020

    In the common law world, Albert Venn Dicey (1835–1922) is known as the high priest of orthodox constitutional theory, as an ideological and nationalistic positivist. In his analytical coldness, his celebration of sovereign power, and his incessant drive to organize and codify legal rules separate from moral values or political realities, Dicey is an uncanny figure. This book challenges this received view of Dicey. Through a re-examination of his …

  • The British Legal Tradition in Canadian Constitutional Law

    Mark Walters, Mark D WaltersCHAPTEROxford Handbook of the Canadian…2017

    This chapter examines the influence of the British legal tradition within Canadian constitutional law. The foundational text of Canada’s constitution, the British North America Act, 1867, was adopted when Canada was still a UK colony, and so it is hardly surprising that this influence would prove to be important—even after Canada emerged as an independent state. Still, the assertion in the preamble to the 1867 Act, that Canada’s constitution is ‘…

  • Public law and ordinary legal method: Revisiting Dicey’s approach to droit administratif

    Mark Walters, Mark D WaltersARTICLEUniversity of Toronto Law Journal2016

    In this article, the author considers the basic character of public law in the common law tradition by returning to AV Dicey’s famous assertion that public law is ‘ordinary’ law. Dicey made this claim in the course of articulating a theory of the rule of law within the common law tradition, and he juxtaposed that theory with the idea of public law within the civil law tradition, using French droit administratif as his central target of attack. Di…

  • Is Public Law Ordinary

    Open AccessMark Walters, Mark D WaltersARTICLEModern Law Review2012References: 13

  • “Your sovereign and Our Father”: The Imperial Crown and the Idea of Legal-Ethnohistory

    Open AccessMark Walters, Mark D WaltersCHAPTERLaw and Politics in British…2010

    This chapter is about historical narrative, the shifting uses of language over time, and the relevance of diverse cultural perspectives for our understanding of the legal history of imperial sovereignty—and for these reasons I shall begin with a story.1

  • Histories of Colonialism, Legality, and Aboriginality

    Mark Walters, Mark D WaltersARTICLEUniversity of Toronto Law Journal2007

  • Histories of Colonialism, Legality, and Aboriginality

    Mark Walters, Mark D WaltersARTICLEUniversity of Toronto Law Journal2007References: 3

    It is hard to write a history about something that is still happening – like a biography of a person still alive or a history of a people still existing. The problem is not that the historian cannot know those parts of the story that have yet to take place. Rather, the problem is that the historian’s interpretation of the story so far may be influenced – consciously or unconsciously – by a sense of how the story might (or should) turn out and by …

  • Common Law, Reason, and Sovereign Will

    Mark Walters, Mark D Walters et al.ARTICLEUniversity of Toronto Law Journal2003Cited by: 3

  • Incorporating Common Law into the Constitution of Canada: Egale v. Canada and the Status of Marriage

    Open AccessMark Walters, Mark D WaltersARTICLEOsgoode Hall law journal2003Cited by: 1

    Recent decisions of the Supreme Court of Canada raise complicated questions about the relationship between the common law and the Constitution. In particular, a distinction may now be drawn between constitutional common law concepts that are "incorporated" by the Constitution and those that are "free-standing" or "text-emergent." The author explores the significance of these distinctions by examining the argument, accepted in the recent case of E…

  • The Common Law Constitution in Canada: Return of lex non scripta as Fundamental Law

    Mark Walters, Mark D WaltersARTICLEUniversity of Toronto Law Journal2001Cited by: 5

  • Nationalism and the Pathology of Legal Systems: Considering the Quebec Secession Reference and its Lessons for the United Kingdom

    Open AccessMark Walters, Mark D WaltersARTICLEModern Law Review1999Cited by: 1

  • The Extension of Colonial Criminal Jurisdiction over the Aboriginal Peoples of Upper Canada: Reconsidering the Shawanakiskie Case (1822-26)

    Mark Walters, Mark D WaltersARTICLEUniversity of Toronto Law Journal1996

    Mark D. Walters, The Extension of Colonial Criminal Jurisdiction over the Aboriginal Peoples of Upper Canada: Reconsidering the Shawanakiskie Case (1822-26), The University of Toronto Law Journal, Vol. 46, No. 2 (Spring, 1996), pp. 273-310