British And Canadian Public Law In Comparative Perspective
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British and Canadian Public Law in Comparative Perspective by Ian Loveland Pdf
This book explores current human rights controversies arising in UK law, in the light of the way such matters have been dealt with in Canada. Canada's Charter of Rights predates the United Kingdom's Human Rights Act by some 20 years, and in the 40 years of the Charter's existence, Canada's Supreme Court has produced an increasingly sophisticated body of public law jurisprudence. In its judgments, it has addressed broad questions of constitutional principle relating to such matters as the meaning of proportionality, the 'horizontal' impact of human rights norms, and the proper role of judicial 'dereference' to legislative decision-making. The court has also considered, more narrowly, specific issues of political controversy such as assisted dying, voting rights for prisoners, the wearing of religious symbols, parental control of their children's upbringing, the law regulating libel actions brought by politicians, pornography and labour rights. All of these issues are discussed in the book. The contributions to this volume provide detailed analyses of such broad and narrow matters in a comparative perspective, and suggest that the United Kingdom's public law jurisprudence and scholarship might benefit substantially from a closer engagement with their Canadian counterparts.
Canada in the World by Richard Albert,David R. Cameron Pdf
Marking the Sesquicentennial of Confederation in Canada, this book examines the growing global influence of Canada's Constitution and Supreme Court on courts confronting issues involving human rights.
British and Canadian Perspectives on International Law by Christopher P.M. Waters Pdf
British and Canadian Perspectives on International Law examines the impact of public international law on the United Kingdom’s and Canada’s domestic legal systems. It also analyses the contributions of British and Canadian practice to the development of international norms. Topics addressed include international criminal law, international humanitarian law, human rights and human security, asylum, trade, jurisdiction, ‘reception law’ and media portrayals of international law. Whereas international law scholarship usually takes a global, regional or national approach, this book's chapters are written by leading scholars and practitioners from both countries and provide unique comparative views. While there remains much in common between the two states' understandings of international law, recent developments have shown significant points of departure.
Author : Mark Elliott,Jason NE Varuhas,Shona Wilson Stark Publisher : Bloomsbury Publishing Page : 472 pages File Size : 48,6 Mb Release : 2018-04-19 Category : Law ISBN : 9781509915194
The Unity of Public Law? by Mark Elliott,Jason NE Varuhas,Shona Wilson Stark Pdf
This major collection contains selected papers from the second Public Law Conference, an international conference hosted by the University of Cambridge in September 2016. The collection includes contributions by leading academics and judges from across the common law world, including senior judges from Australia, Canada, New Zealand and the UK. The contributions engage with the theme of unity (and disunity) from a number of perspectives, offering a rich panoply of insights into public law which significantly carry forward public law thinking across common law jurisdictions, setting the agenda for future research and legal development. Part 1 of the volume contains chapters which offer doctrinal and theoretical perspectives. Some chapters seek to articulate a unifying framework for understanding public law, while others seek to demonstrate the plurality of public law through the method of legal taxonomy. A number of chapters analyse whether different fields such as human rights and administrative law are merging, with others considering specific unifying themes or concepts in public law. The chapters in Part 2 offer comparative perspectives, charting and analysing convergence and divergence across common law systems. Specific topics include standing, proportionality, human rights, remedies, use of foreign precedents, legal transplants, and disunity and unity among subnational jurisdictions. The collection will be of great interest to those working in public law.
Author : Paul P. Craig,Adam Tomkins Publisher : Oxford University Press, USA Page : 392 pages File Size : 50,6 Mb Release : 2006 Category : Law ISBN : UOM:39015063672540
The Executive and Public Law by Paul P. Craig,Adam Tomkins Pdf
This book examines executive power in the United Kingdom from a British and from a distinctively Scottish perspective. There are chapters on the four common law jurisdictions of Australia, New Zealand, Canada and the United States and on the four civil law jurisdictions of France, Germany, Italy and Spain, and on the EU.
Author : Charles R. Epp Publisher : University of Chicago Press Page : 343 pages File Size : 55,9 Mb Release : 2020-05-14 Category : Law ISBN : 9780226772424
It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
Understanding Administrative Law in the Common Law World by Paul Daly Pdf
A new framework for understanding contemporary administrative law, through a comparative analysis of case law from Australia, Canada, England, Ireland, and New Zealand. The author argues that the field is structured by four values: individual self-realisation, good administration, electoral legitimacy and decisional autonomy.
Peter Aucoin,Institute for Research on Public Policy
Author : Peter Aucoin,Institute for Research on Public Policy Publisher : McGill-Queen's University Press Page : 304 pages File Size : 40,9 Mb Release : 1995 Category : Law ISBN : UVA:X006037028
The New Public Management by Peter Aucoin,Institute for Research on Public Policy Pdf
In the face of the need to make choices between programs that governments consider essential to administer themselves and programs that may be discontinued or transferred to other organizations, a new vision of government functioning has emerged, notably with greater emphasis on performance and results. This book analyzes the impact of an increasingly influential paradigm called new public management on the public services of Canada, Australia, New Zealand, and the United Kingdom. Major challenges common to these countries include powerful bureaucracies, restrictive organizational designs, and rigid rules and procedures blocking change. The book reviews various reform initiatives launched in response to those challenges in the areas of career public service, statecraft, administrative fragmentation and centralization, consolidation and devolution of authority, moving beyond bureaucracy, enhancing performance, and securing accountability. The book concludes with an agenda for public management.
Author : H. P. Lee Publisher : Cambridge University Press Page : 625 pages File Size : 44,9 Mb Release : 2011-08-11 Category : Law ISBN : 9781139499866
Judiciaries in Comparative Perspective by H. P. Lee Pdf
An independent and impartial judiciary is fundamental to the existence and operation of a liberal democracy. Focussing on Australia, Canada, New Zealand, South Africa, the United Kingdom and the United States, this comparative 2011 study explores four major issues affecting the judicial institution. These issues relate to the appointment and discipline of judges; judges and freedom of speech; the performance of non-judicial functions by judges; and judicial bias and recusal, and each is set within the context of the importance of maintaining public confidence in the judiciary. The essays highlight important episodes or controversies affecting members of the judiciary to illustrate relevant principles.
COMPARATIVE PERSPECTIVES ON PUBLIC AND PRIVATE LAWS - A STUDENT HANDBOOK by Mr. Sayed Qudrat Hashimy Pdf
The study of law is a pursuit that requires deep exploration and understanding of its fundamental principles and their application in different legal systems. The complexities of law can be both intriguing and challenging, and a comprehensive analysis of the dichotomy between public and private law is essential to grasp the nuances of legal relationships and remedies. In this book, we embark on an intellectual journey, meticulously examining the dichotomy of public and private law and its significance in the legal landscape. We begin by tracing the genesis of public law and unraveling the boundaries that distinguish it from private law. Exploring the parties involved, the nature of legal relationships, and the remedies and procedures available, we lay the groundwork for a comprehensive understanding of this multifaceted dichotomy. As we delve deeper into the subject matter, we challenge existing notions and encourage readers to rethink the boundaries of public and private law. The separation of powers, a cornerstone of democratic systems, assumes a new dimension as we analyze its evolving nature and its influence on legal systems across the globe. We explore the transformation of natural law and its impact on the domain of public law, shedding light on the dynamic interplay between legal principles and societal changes. Furthermore, we explore the role of public and private law in the era of globalization, recognizing the interconnectedness of legal systems and the challenges posed by an increasingly interconnected world. By examining the rule of law and the doctrine of separation of powers in Islamic and socialist legal systems, we gain valuable insights into alternative approaches to legal governance and the protection of human rights. A comprehensive exploration of civil legal systems, including the Romano-German legal system, mixed legal systems, and common law traditions, forms a crucial part of our analysis. From Germany to France, Switzerland to Finland, and beyond, we examine the constitutional frameworks, judicial independence, court systems, and legal aid provisions that define these legal systems and shape their application in society. As we traverse through the chapters, we also explore the legal systems of Japan, the United Kingdom, the United States, Ireland, Canada, Australia, Singapore, South Africa, and India, unraveling the intricacies of their legal frameworks and the principles that underpin them. From written constitutions to the structure of governments, from the powers of the judiciary to the protection of fundamental rights, we delve into the unique characteristics of each legal system, offering a comprehensive analysis for readers. Additionally, we delve into the principles of natural justice and their significance in the Indian legal system. We explore the role of the Ombudsman in India, the right to information, and the juxtaposition of private and public laws, providing valuable insights into the evolving landscape of legal governance in India. Moreover, we delve into the socialist legal systems of Russia and the People's Republic of China, analyzing their written constitutions, governance structures, and the role of the judiciary within their legal frameworks. By examining the incorporation of rights and duties, the rigidity of the constitution, and the hierarchy of courts, we gain a deeper understanding of the legal systems of these nations. Finally, we explore the Muslim legal systems of Iran, Kuwait, the United Arab Emirates, and Saudi Arabia, shedding light on their unique characteristics and their influence on legal governance within these nations. Through our exploration of private and public law, we also analyze the practices of states, the interpretation of constitutions, the philosophy of rights and liberties, and the right to equality. Furthermore, we delve into the jurisprudential aspects of private and public law, examining influential theories and concepts that shape our understanding of legal systems and their functioning. This book serves as a comprehensive guide for legal scholars, practitioners, students, and anyone interested in gaining a deeper understanding of the complexities of public and private law. Our aim is to facilitate critical thinking, foster academic discourse, and contribute to the advancement of legal knowledge in a rapidly changing world. We invite you to embark on this intellectual journey, exploring the intricacies of legal systems and gaining a deeper understanding of the dichotomy between public and private law. Happy reading!
The Oxford Handbook of the Canadian Constitution by Peter Oliver,Patrick Macklem,Nathalie Des Rosiers Pdf
The Oxford Handbook of the Canadian Constitution provides an ideal first stop for Canadians and non-Canadians seeking a clear, concise, and authoritative account of Canadian constitutional law. The Handbook is divided into six parts: Constitutional History, Institutions and Constitutional Change, Aboriginal Peoples and the Canadian Constitution, Federalism, Rights and Freedoms, and Constitutional Theory. Readers of this Handbook will discover some of the distinctive features of the Canadian constitution: for example, the importance of Indigenous peoples and legal systems, the long-standing presence of a French-speaking population, French civil law and Quebec, the British constitutional heritage, the choice of federalism, as well as the newer features, most notably the Canadian Charter of Rights and Freedoms, Section Thirty-Five regarding Aboriginal rights and treaties, and the procedures for constitutional amendment. The Handbook provides a remarkable resource for comparativists at a time when the Canadian constitution is a frequent topic of constitutional commentary. The Handbook offers a vital account of constitutional challenges and opportunities at the time of the 150th anniversary of Confederation.
National Security, Surveillance and Terror by Randy K. Lippert,Kevin Walby,Ian Warren,Darren Palmer Pdf
This edited collection brings together leading scholars to comparatively investigate national security, surveillance and terror in the early 21st century in two major western jurisdictions, Canada and Australia. Observing that much debate about these topics is dominated by US and UK perspectives, the volume provides penetrating analysis of national security and surveillance practices in two under-studied countries that reveals critical insights into current trends. Written by a wide range of experts in their respective fields, this book addresses a fascinating array of timely questions about the relationship among national security, privacy and terror in the two countries and beyond. Chapters include critical assessments of topics such as: National Security Intelligence Collection since 9/11, The Border as Checkpoint in an Age of Hemispheric Security and Surveillance, Unmanned Aerial Vehicles and Law Enforcement, as well as Federal Government Departments and Security Regimes. An engaging and empirically driven study, this collection will be of great interest to scholars of security and surveillance studies, policing, and comparative criminology.
