Bills Of Rights In The Common Law

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Bills of Rights in the Common Law

Author : Robert Leckey
Publisher : Cambridge University Press
Page : 259 pages
File Size : 50,6 Mb
Release : 2015-05-07
Category : Law
ISBN : 9781107038530

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Bills of Rights in the Common Law by Robert Leckey Pdf

This book argues that judges sacrifice individual rights by using less than their full powers in order to appear democratically legitimate.

William R. McIntyre

Author : W. McConnell
Publisher : McGill-Queen's Press - MQUP
Page : 259 pages
File Size : 51,8 Mb
Release : 2000-05-04
Category : Biography & Autobiography
ISBN : 9780773574106

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William R. McIntyre by W. McConnell Pdf

Using archival resources, interviews with contemporaries, and legal sources, W.H. McConnell traces McIntyre's personal evolution from defending the Charter as a workable counterpoint to established common law principles, to gradual disenchantment with its overuse, by many of his colleagues and the lower courts, for developing social policy. In retrospect McIntyre's reservations have been prophetic: the "interventionist" trend has given rise to considerable criticism of the court by legal professionals, the media, and the Canadian public. He remained, however, a staunch proponent of freedom of expression and, in the Andrews case, framed the pivotal definition of "equality rights" in s.15 of the Charter that is still prevalently applied in Canadian courts. McConnell is persuasive in connecting McIntyre's restrained approach to Charter jurisprudence, especially its relation to governmental legislation, with his upbringing in Moose Jaw during the Depression and his early career at the Bar. This is an original contribution to our understanding both of an important judge and an important era in Canadian legal history.

The Constitution Act, 1982

Author : Canada
Publisher : Unknown
Page : 0 pages
File Size : 49,6 Mb
Release : 1996
Category : Civil rights
ISBN : OCLC:49089791

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The Constitution Act, 1982 by Canada Pdf

The Canadian Bill of Rights

Author : Walter Surma Tarnopolsky
Publisher : McGill-Queen's Press - MQUP
Page : 449 pages
File Size : 51,8 Mb
Release : 1975-01-01
Category : Civil rights
ISBN : 9780773595439

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The Canadian Bill of Rights by Walter Surma Tarnopolsky Pdf

The Bill of Rights; Its Origin and Meaning

Author : Irving Brant
Publisher : Indianapolis : Bobbs-Merrill
Page : 584 pages
File Size : 44,5 Mb
Release : 1965
Category : Political Science
ISBN : STANFORD:36105044095375

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The Bill of Rights; Its Origin and Meaning by Irving Brant Pdf

"Bibliographical notes": pages 527-544.

Freedom of Religion Under Bills of Rights

Author : Paul Babie,Neville Rochow
Publisher : University of Adelaide Press
Page : 466 pages
File Size : 52,6 Mb
Release : 2012
Category : Law
ISBN : 9780987171818

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Freedom of Religion Under Bills of Rights by Paul Babie,Neville Rochow Pdf

"The Australian Constitution contains no guarantee of freedom of religion or freedom of conscience. Indeed, it contains very few provisions dealing with rights — in essence, it is a Constitution that confines itself mainly to prescribing a framework for federal government, setting out the various powers of government and limiting them as between federal and state governments and the three branches of government without attempting to define the rights of citizens except in minor respects. […] Whether Australia should have a national bill of rights has been a controversial issue for quite some time. This is despite the fact that Australia has acceded to the ICCPR, as well as the First Optional Protocol to the ICCPR, thereby accepting an international obligation to bring Australian law into line with the ICCPR, an obligation that Australia has not discharged. Australia is the only country in the Western world without a national bill of rights.4 The chapters that follow in this book debate the situation in Australia and in various other Western jurisdictions.' From Foreword by The Hon Sir Anthony Mason AC KBE: Human Rights and Courts

Judicializing Everything?

Author : Mark S. Harding
Publisher : University of Toronto Press
Page : 192 pages
File Size : 44,6 Mb
Release : 2022
Category : Law
ISBN : 9781487528485

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Judicializing Everything? by Mark S. Harding Pdf

Judicializing Everything? focuses on judicial decision-making in parliamentary states that have recently adopted bills of rights.

Enacting a Bill of Rights

Author : Joseph Jaconelli
Publisher : Oxford University Press, USA
Page : 348 pages
File Size : 41,8 Mb
Release : 1980
Category : Language Arts & Disciplines
ISBN : UOM:39015011234898

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Enacting a Bill of Rights by Joseph Jaconelli Pdf

The Bill of Rights Handbook

Author : Johan De Waal,Iain Currie,Gerhard Erasmus
Publisher : Juta
Page : 656 pages
File Size : 55,9 Mb
Release : 1999
Category : Law
ISBN : STANFORD:36105062030304

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The Bill of Rights Handbook by Johan De Waal,Iain Currie,Gerhard Erasmus Pdf

This text has been updated to incorporate developments in the law up to the beginning of December 1998. There have been substantial amendments to the chapters dealing with jurisdiction and procedures in constitutional matters and application of the Bill of Rights.

A Common Law Theory of Judicial Review

Author : W. J. Waluchow
Publisher : Cambridge University Press
Page : 7 pages
File Size : 48,6 Mb
Release : 2006-12-25
Category : Philosophy
ISBN : 9781139462815

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A Common Law Theory of Judicial Review by W. J. Waluchow Pdf

In this study, W. J. Waluchow argues that debates between defenders and critics of constitutional bills of rights presuppose that constitutions are more or less rigid entities. Within such a conception, constitutions aspire to establish stable, fixed points of agreement and pre-commitment, which defenders consider to be possible and desirable, while critics deem impossible and undesirable. Drawing on reflections about the nature of law, constitutions, the common law, and what it is to be a democratic representative, Waluchow urges a different theory of bills of rights that is flexible and adaptable. Adopting such a theory enables one not only to answer to critics' most serious challenges, but also to appreciate the role that a bill of rights, interpreted and enforced by unelected judges, can sensibly play in a constitutional democracy.

The Spirit of the Common Law

Author : Roscoe Pound
Publisher : Unknown
Page : 256 pages
File Size : 44,9 Mb
Release : 1921
Category : History
ISBN : STANFORD:36105044058654

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The Spirit of the Common Law by Roscoe Pound Pdf

This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

Litigating Rights

Author : Grant Huscroft,Paul Rishworth
Publisher : Hart Publishing
Page : 364 pages
File Size : 47,9 Mb
Release : 2002-02
Category : Law
ISBN : 9781841131948

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Litigating Rights by Grant Huscroft,Paul Rishworth Pdf

New Zealand had grappled with issues of constitutional and human rights since the 1980s when, in the late 1990s, jurists invited colleagues from there and abroad to a conference called Liberty, Equality, Community: Constitutional Rights in Conflict. The 17 essays here combine revised versions of the presentations there with additional contributions solicited afterwards. They cover judicial review and bills of rights, liberty and equality, group and indigenous rights, and internationalism. Distributed in the US by ISBS. Annotation copyrighted by Book News, Inc., Portland, OR

The New Zealand Bill of Rights

Author : Paul Rishworth
Publisher : Oxford University Press, USA
Page : 908 pages
File Size : 44,8 Mb
Release : 2003
Category : History
ISBN : UOM:39015056316972

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The New Zealand Bill of Rights by Paul Rishworth Pdf

The New Zealand Bill of Rights is a comprehensive account of over a decade of jurisprudence under the New Zealand Bill of Rights Act 1990. The Book provides an indepth examination of the Act, covering such topics as the benefits and burdens of rights; principles of interpretation; impact on legislation and the legislative process; judical review; civil and political rights; the rights of persons subjected to criminal investigation and prosecution; trial procedures; powers of law enforcement; and remedies for breach. Combining descriptive, analytical and prognostic scholarship, the extensive detail of the New Zealand Bill of Rights marks it as a standard reference text for this important body of the New Zealand law.

School Law Under the Charter of Rights and Freedoms

Author : Earl Leroy Hurlbert,Margot Ann Hurlbert
Publisher : Calgary : University of Calgary Press
Page : 280 pages
File Size : 49,8 Mb
Release : 1989
Category : Education and state
ISBN : STANFORD:36105044255664

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School Law Under the Charter of Rights and Freedoms by Earl Leroy Hurlbert,Margot Ann Hurlbert Pdf