CONSTITUTIONALIZING THE CULTURE-IDEOLOGY OF CONSUMERISM

This paper is an inquiry into the structuration of the culture-ideolog y of consumerism in the field of constitutional law. Consumerism is a strategy of transnational forces of production that inculcates the val ues of western consumer lifestyle on a global scale, a strategy used t o good effect particularly by the producers of American cultural produ cts. It is argued that domestic constitutional courts, such as the Sup reme Court of Canada, are complicit in the process of advancing consum erism through their interpretations of the constitutional guarantee of freedom of expression. The paper begins with a discussion of state th eory in order to better understand the role of state agencies, such as courts, in constraining and enabling particular sets of actors. The p aper then moves through the debate, primarily within cultural studies, between structural-determining and agency-enabling accounts of consum erism. The Supreme Court of Canada's jurisprudence regarding freedom o f expression is then canvassed and contrasted with the judicial record regarding secondary picketing in the context of consumer boycotts. Th e judicial approach to consumerism is revealed to be partial and strat egically selective so as to favour expression that facilitates, rather than impedes, the forces of production.