Constitutionalizing the Culture-Ideology of Consumerism

Abstract

This paper is an inquiry into the structuration of the culture-ideology of consumerism in the field of constitutional law. Consumerism is a strategy of transnational forces of production that inculcates the values of western consumer lifestyle on a global scale, a strategy used to good effect particularly by the producers of American cultural products. It is argued that domestic constitutional courts, such as the Supreme Court of Canada, are complicit in the process of advancing consumerism through their interpretations of the constitutional guarantee of freedom of expression. The paper begins with a discussion of state theory in order to better understand the role of state agencies, such as courts, in constraining and enabling particular sets of actors. The paper then moves through the debate, primarily within cultural studies, between structural-determining and agency-enabling accounts of consumerism. The Supreme Court of Canada's jurisprudence regarding freedom of expression is then canvassed and contrasted with the judicial record regarding secondary picketing in the context of consumer boycotts. The judicial approach to consumerism is revealed to be partial and strategically selective so as to favour expression that facilitates, rather than impedes, the forces of production.