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Author : Samuel V. Laselva
Publisher : Unknown
Page : 343 pages
File Size : 45,8 Mb
Release : 2018-12-30
Category : Philosophy
ISBN : 9780773555310
A new perspective on the Canadian Constitution that focuses on Canada's distinctive contribution to constitutional ethics.
Author : Samuel V. LaSelva
Publisher : McGill-Queen's Press - MQUP
Page : 343 pages
File Size : 40,7 Mb
Release : 2018-12-30
Category : Political Science
ISBN : 9780773555594
Canada is caught between two empires and between two constitutional systems. However, neither the British model of a "single sovereign" nor the American people's "sacred fire of liberty" matched the pluralistic identity of Canada, so Canadians engaged in constitutional experimentation. In Canada and the Ethics of Constitutionalism Samuel LaSelva argues that, in order to understand the old Canada of Confederation and the new one that followed the Charter of Rights and Freedoms, it is necessary to see how distinctive Canadian constitutionalism is and how that distinctiveness does not depend on borrowings from the British or American constitutional models. LaSelva supports his argument by exploring different aspects of Canada's contribution to the ethics of constitutionalism including the limits of free expression, the Charter's notwithstanding clause, the origins and functions of judicial review, the Quebec secession debate, Aboriginal self-government, and the conception of Canada as a multicultural and multinational mosaic. Through a careful consideration of how Canadian constitutional pluralism with its focus on the rights of others differs from American and British ideas, Canada and the Ethics of Constitutionalism provides engaging answers to contested questions about how Canada was founded and what it has become.
Author : Hugo Cyr
Publisher : Peter Lang
Page : 310 pages
File Size : 43,7 Mb
Release : 2009
Category : Canada
ISBN : 9052014531
With the increased mobility and interdependence brought on by globalisation, governments can no longer deal effectively with what were traditionally regarded as «domestic issues» unless they cooperate among themselves. International law may once have been a sort of inter-state law concerned mostly with relations between states, but it now looks increasingly inside state borders and has become, to a large degree, a trans-governmental law. While this creates significant challenges even for highly-unified «nation-states», the challenges are even greater for federations in which powers have been divided up between the central government and federated states. What roles should central governments and federated states play in creating and implementing this new form of governance? Using the Canadian federation as its starting point, this case study illustrates a range of factors to be considered in the appropriate distribution of treaty powers within a federation. Professor Cyr also shows how - because it has no specific provisions dealing with the distribution of treaty powers - the Canadian constitution has «organically» developed a tight-knit set of rules and principles responding to these distributional factors. This book is therefore both about the role of federated states in the current world order and an illustration of how organic constitutionalism works.
Author : Alan Cairns,Cynthia Williams
Publisher : Unknown
Page : 252 pages
File Size : 44,8 Mb
Release : 1985
Category : Business & Economics
ISBN : UOM:39015017663520
Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 335 pages
File Size : 42,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780774858892
The introduction of the Canadian Charter of Rights and Freedoms in 1982 was accompanied by much fanfare and public debate. This book does not celebrate the Charter; rather it offers a critique by distinguished scholars of law and political science of its effect on democracy, judicial power, and the place of Quebec and Aboriginal peoples twenty-five years later. By employing diverse methodological approaches, contributors shift the focus of debate from the Charter’s appropriateness to its impact – for better or worse – on political institutions, public policy, and conceptions of citizenship in the Canadian federation.
Author : John Borrows
Publisher : Unknown
Page : 128 pages
File Size : 41,9 Mb
Release : 2019
Category : LAW
ISBN : 1487531141
"Law's Indigenous Ethics examines the revitalization of Indigenous peoples' relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law's Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures."--
Author : David M. Beatty
Publisher : Heritage
Page : 0 pages
File Size : 51,9 Mb
Release : 1995
Category : Law
ISBN : 0802076505
Chapter 1 introduces constitutional law - what it is all about, what its function is, and how it interacts with the constitutional text. The book examines Canadian federalism law and the Supreme Court of Canada's experience with the Charter of Rights. It also looks at significant human rights cases decided by major courts around the world, showing how the same principles and methods of reasoning are used elsewhere to resolve legal disputes. The author concludes that a theory of constitutional law that puts greater emphasis on the social duties politicians must respect than on individual rights should be responsive to the concerns of both those who are sceptical about the virtues of law and the courts and those who fear Western cultural imperialism.
Author : John Borrows
Publisher : University of Toronto Press
Page : 390 pages
File Size : 40,6 Mb
Release : 2019-05-06
Category : Law
ISBN : 9781487531157
Law’s Indigenous Ethics examines the revitalization of Indigenous peoples’ relationship to their own laws and, in so doing, attempts to enrich Canadian constitutional law more generally. Organized around the seven Anishinaabe grandmother and grandfather teachings of love, truth, bravery, humility, wisdom, honesty, and respect, this book explores ethics in relation to Aboriginal issues including title, treaties, legal education, and residential schools. With characteristic depth and sensitivity, John Borrows brings insights drawn from philosophy, law, and political science to bear on some of the most pressing issues that arise in contemplating the interaction between Canadian state law and Indigenous legal traditions. In the course of a wide-ranging but accessible inquiry, he discusses such topics as Indigenous agency, self-determination, legal pluralism, and power. In its use of Anishinaabe stories and methodologies drawn from the emerging field of Indigenous studies, Law’s Indigenous Ethics makes a significant contribution to scholarly debate and is an essential resource for readers seeking a deeper understanding of Indigenous rights, societies, and cultures.
Author : Patrick Macklem
Publisher : University of Toronto Press
Page : 348 pages
File Size : 46,7 Mb
Release : 2001-01-01
Category : Law
ISBN : 0802080499
An investigation of the unique constitutional relationship between Aboriginal people and the Canadian state, a relationship that does not exist between Canada and other Canadians.
Author : Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1088 pages
File Size : 49,8 Mb
Release : 2017-08-10
Category : Law
ISBN : 9780190664831
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.
Author : Benjamin L. Berger
Publisher : University of Toronto Press
Page : 240 pages
File Size : 54,8 Mb
Release : 2016-01-28
Category : Law
ISBN : 9781442696396
Prevailing stories about law and religion place great faith in the capacity of legal multiculturalism, rights-based toleration, and conceptions of the secular to manage issues raised by religious difference. Yet the relationship between law and religion consistently proves more fraught than such accounts suggest. In Law’s Religion, Benjamin L. Berger knocks law from its perch above culture, arguing that liberal constitutionalism is an aspect of, not an answer to, the challenges of cultural pluralism. Berger urges an approach to the study of law and religion that focuses on the experience of law as a potent cultural force. Based on a close reading of Canadian jurisprudence, but relevant to all liberal legal orders, this book explores the nature and limits of legal tolerance and shows how constitutional law’s understanding of religion shapes religious freedom. Rather than calling for legal reform, Law’s Religion invites us to rethink the ethics, virtues, and practices of adjudication in matters of religious difference.
Author : John Borrows
Publisher : University of Toronto Press
Page : 382 pages
File Size : 53,6 Mb
Release : 2016-05-12
Category : Social Science
ISBN : 9781442630956
Indigenous traditions can be uplifting, positive, and liberating forces when they are connected to living systems of thought and practice. Problems arise when they are treated as timeless models of unchanging truth that require unwavering deference and unquestioning obedience. Freedom and Indigenous Constitutionalism celebrates the emancipatory potential of Indigenous traditions, considers their value as the basis for good laws and good lives, and critiques the failure of Canadian constitutional traditions to recognize their significance. Demonstrating how Canada’s constitutional structures marginalize Indigenous peoples’ ability to exercise power in the real world, John Borrows uses Ojibwe law, stories, and principles to suggest alternative ways in which Indigenous peoples can work to enhance freedom. Among the stimulating issues he approaches are the democratic potential of civil disobedience, the hazards of applying originalism rather than living tree jurisprudence in the interpretation of Aboriginal and treaty rights, American legislative actions that could also animate Indigenous self-determination in Canada, and the opportunity for Indigenous governmental action to address violence against women.
Author : Edward McWhinney,Jerald Zaslove,Werner Wolf
Publisher : Springer
Page : 212 pages
File Size : 43,9 Mb
Release : 1992-11-12
Category : Law
ISBN : UOM:39015029289462
The long-continuing constitutional debate within Canada has brought a search today for new constitutional-govermental models of paradigms capable of taking us all safely into the 21st century. For students of contemporary constitutionalism, no country's experience has been more seriously studied than that of the West German federal state formed out of the three Western zones of Germany in 1949 and endowed with what was then described as a temporary governmental charter, pending final reunification of Germany.
Author : Colleen M. Flood,Vanessa MacDonnell,Jane Philpott,Sophie Thériault,Sridhar Venkatapuram
Publisher : University of Ottawa Press
Page : 850 pages
File Size : 54,6 Mb
Release : 2020-07-14
Category : Social Science
ISBN : 9780776636436
The novel coronavirus SARS-CoV-2, which causes the disease known as COVID-19, has infected people in 212 countries so far and on every continent except Antarctica. Vast changes to our home lives, social interactions, government functioning and relations between countries have swept the world in a few months and are difficult to hold in one’s mind at one time. That is why a collaborative effort such as this edited, multidisciplinary collection is needed. This book confronts the vulnerabilities and interconnectedness made visible by the pandemic and its consequences, along with the legal, ethical and policy responses. These include vulnerabilities for people who have been harmed or will be harmed by the virus directly and those harmed by measures taken to slow its relentless march; vulnerabilities exposed in our institutions, governance and legal structures; and vulnerabilities in other countries and at the global level where persistent injustices harm us all. Hopefully, COVID-19 will forces us to deeply reflect on how we govern and our policy priorities; to focus preparedness, precaution, and recovery to include all, not just some. Published in English with some chapters in French.
Author : Samuel Victor LaSelva
Publisher : McGill-Queen's Press - MQUP
Page : 290 pages
File Size : 49,8 Mb
Release : 1996
Category : History
ISBN : 0773514228
LaSelva offers a compelling reconsideration of Confederation and of the pivotal role of George-Etienne Cartier, one of the Fathers of Confederation, in both the achievement of confederation and the creation of a distinctively Canadian federalist theory.