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Author : Michael Mandel
Publisher : Unknown
Page : 392 pages
File Size : 42,5 Mb
Release : 1989
Category : Canada
ISBN : UOM:39076001677900
Author : Janet L. Hiebert
Publisher : McGill-Queen's Press - MQUP
Page : 280 pages
File Size : 52,8 Mb
Release : 2002-04-24
Category : Political Science
ISBN : 9780773570375
Although the Canadian Charter of Rights and Freedoms is twenty years old, little is known about how it affects those who wield power, what influence it has on legislative decisions, or to what extent the government believes it should be constrained by Charter concerns. For most laws Parliament has the final word on how social policy is balanced against protected rights. Thus the extent to which legislation is sensitive towards rights depends on how those who develop, propose, and assess policy view the Charter. How influential are governmental legal advisors? How risk averse or risk tolerant are government ministers when pursuing legislative goals that may result in Charter challenges? How capable is Parliament in requiring government to justify and explain legislative choices that may impair rights? In Charter Conflicts Janet Hiebert examines these questions while analyzing the Charter's influence on controversial legislative decisions such as social benefits for lesbians and gay men, the regulation of tobacco advertising, the rules of evidence for sexual assault trials, the use of DNA for law enforcement purposes, and the rules for police searches of private residences. She questions the broadly held assumption that only courts are capable of respecting rights, arguing that Parliament shares responsibility with the judiciary for resolving Charter conflicts. She views the Charter's significance less in terms of the judiciary overruling Parliament than in the incentives and pressures it provides for public and political officials to satisfy themselves that legislation is consistent with protected rights.
Author : Heather MacIvor
Publisher : Unknown
Page : 415 pages
File Size : 44,9 Mb
Release : 2012-08-02
Category : Civil rights
ISBN : 019544728X
This updated second edition of Canadian Politics and Government in the Charter Era examines the Charter's origins and development as well as its past and present influence on legal decisions and public policy. Written in a straightforward, engaging style, this in-depth analysis encouragesstudents to become active, informed citizens while providing the foundation they need to further their studies of politics and law.
Author : Rainer Knopff,Frederick Lee Morton
Publisher : Scarborough, Ont. : Nelson Canada
Page : 468 pages
File Size : 41,9 Mb
Release : 1992
Category : Law
ISBN : UOM:39015029450684
Author : Andrew Petter
Publisher : University of Toronto Press
Page : 273 pages
File Size : 50,8 Mb
Release : 2010-01-01
Category : Law
ISBN : 9780802095992
Andrew Petter is a leading constitutional scholar who served from 1991 to 2001 as a British Columbia MLA and cabinet minister, including Attorney General. In The Politics of the Charter, Petter assembles a set of his original essays written over three decades to provide a coherent critique of the political nature, impact, and legitimacy of the Canadian Charter of Rights and Freedoms. Showing how Charter rights have been shaped by the institutional character of the courts and by the ideological demands of liberal legalism, the essays contend that the Charter has diverted progressive political energies and facilitated the rise of neo-conservatism in Canada. Drawing upon his constitutional expertise and political experience, Petter evaluates the Charter in practical, legal, and philosophical terms. These essays, along with a new introduction and conclusion, map out Petter's political philosophy and review the entirety of the Charter record. The Politics of the Charter is vividly written, free of legal jargon, accessible to a broad readership, and will provoke renewed discussion about how best to achieve a more compassionate and egalitarian Canadian society.
Author : James B. Kelly
Publisher : UBC Press
Page : 338 pages
File Size : 55,6 Mb
Release : 2011-11-01
Category : Law
ISBN : 9780774840088
In Governing with the Charter, James Kelly clearly demonstrates that our current democratic deficit is not the result of the Supreme Court’s judicial activism. On the contrary, an activist framers’ intent surrounds the Charter, and the Supreme Court has simply, and appropriately, responded to this new constitutional environment. While the Supreme Court is admittedly a political actor, it is not the sole interpreter of the Charter, as the court, the cabinet, and bureaucracy all respond to the document, which has ensured the proper functioning of constitutional supremacy in Canada. Kelly analyzes the parliamentary hearings on the Charter and also draws from interviews with public servants, senators, and members of parliament actively involved in appraising legislation to ensure that it is consistent with the Charter. He concludes that the principal institutional outcome of the Charter has been a marginalization of Parliament and that this is due to the Prime Minister’s decision on how to govern with the Charter.
Author : F.L. Morton,Rainer Knopff
Publisher : Peterborough, Ont. : Broadview Press
Page : 232 pages
File Size : 43,7 Mb
Release : 2000-04
Category : History
ISBN : UOM:39015049735155
"Here finally is a book that unveils the politics that infuse Canadian courts and their decisions ... and warns us of the effects of a judicialized politics on our democratic traditions." - Leslie A. Pal, Carleton University
Author : Jean-Philippe Béja,Fu Hualing,Eva Pils
Publisher : Hong Kong University Press
Page : 395 pages
File Size : 43,9 Mb
Release : 2012-06-01
Category : Political Science
ISBN : 9789888139064
In December 2008 some 350 Chinese intellectuals published a manifesto calling for reform of the Chinese constitution and an end to one-party rule. Known as "Charter 08," the manifesto has since been signed by more than 10,000 people. One of its authors, Liu Xiaobo, was awarded the Nobel Peace Prize in 2010 but has remained in prison since 2009 for subversive crimes. This collection of essays—the first of its kind in English—examines the trial of Liu Xiaobo, the significance and impact of Charter 08, and the prospects for reform in China. The essays include contributions from legal and political experts from around the world, an account of Liu's trial by his defence lawyers, and a passionate—and ultimately optimistic—account of resistance, repression and political change by the human rights lawyer Teng Biao.
Author : Alan Cairns
Publisher : McGill-Queen's Press - MQUP
Page : 162 pages
File Size : 52,6 Mb
Release : 1992
Category : Canada
ISBN : 9780773508910
In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of resolving the constitutional tensions between Quebec and The Rest of Canada.
Author : Eric Rofes,Lisa M. Stulberg
Publisher : State University of New York Press
Page : 330 pages
File Size : 51,9 Mb
Release : 2012-02-01
Category : Political Science
ISBN : 9780791484326
This book opens up a critical conversation among progressive educators of various generations, races, perspectives, and social locations concerning one specific school reform initiative—charter schools. Eric Rofes and Lisa M. Stulberg bring together scholars who both study and actively participate in school choice reform and charge them to be "bold in their questioning and assertive in their own ambivalence" about this complex, controversial public issue and to include issues that are underexamined in the school literature, such as the impact of school choice on race and class politics and inequalities. The editors argue that charter schools are playing a powerful role in reviving participation in public education, expanding opportunities for progressive methods in public school classrooms, and generating new energy for community-based, community-controlled school initiatives. The result is a groundbreaking volume that pushes boundaries, questions assumptions, and rocks foundations of progressive thought.
Author : Institute for Research on Public Policy
Publisher : IRPP
Page : 252 pages
File Size : 40,7 Mb
Release : 1993
Category : Law
ISBN : 0886451523
This book , The Author addresses the following issues: how and to what effect judicial action has changed since the adoption of the charter, both at the national level and in Quebec; howjudges seek to reconcile particular groups claims with the sense of community integral to a free and democratic society; the implications of these and other developments for interest group advocacy, particular within parliament; and means of strengthening the voice of under represented groups within elected institutions.
Author : Ian Shapiro,Joseph Lampert
Publisher : Yale University Press
Page : 276 pages
File Size : 54,6 Mb
Release : 2014-04-28
Category : Political Science
ISBN : 9780300182538
This volume contains the full text of the United Nations Charter and the Statute of the International Court of Justice, as well as related historical documents. They are accompanied by ten original essays on the Charter and its legacy by distinguished scholars and former high-level UN officials. The commentaries illuminate the early and ongoing roles of the United Nations in responding to international crises, debates about the UN’s architecture and its reform, and its role in global governance, climate change, peacekeeping, and development. A concise and accessible introduction to the UN for students, this collection also offers important new scholarship that will be of interest to experts.
Author : Alan Cairns
Publisher : McGill-Queen's Press - MQUP
Page : 166 pages
File Size : 53,9 Mb
Release : 1992
Category : Law
ISBN : 0773508929
In Charter Versus Federalism, Alan Cairns provides an insightful analysis of the consequences -- for citizen and government alike -- of the changes undergone by the Canadian constitution, especially since 1982. He also illuminates the difficulties of res
Author : Charles W. Smith,Larry Savage
Publisher : UBC Press
Page : 268 pages
File Size : 46,5 Mb
Release : 2017-06-09
Category : Law
ISBN : 9780774835411
Since the turn of the twenty-first century, Canadian unions have scored a number of important Supreme Court victories, securing constitutional rights to picket, bargain collectively, and strike. Unions in Court documents the evolution of the Canadian labour movement’s engagement with the Charter, demonstrating how and why labour’s long-standing distrust of the legal system has given way to a controversial, Charter-based legal strategy. This book’s in-depth examination of constitutional labour rights will have critical implications for labour movements as well as activists in other fields.
Author : Guy Standing
Publisher : A&C Black
Page : 328 pages
File Size : 51,7 Mb
Release : 2014-04-10
Category : Political Science
ISBN : 9781472507983
This book is available as open access through the Bloomsbury Open Access programme and is available on www.bloomsburycollections.com. Guy Standing's immensely influential 2011 book introduced the Precariat as an emerging mass class, characterized by inequality and insecurity. Standing outlined the increasingly global nature of the Precariat as a social phenomenon, especially in the light of the social unrest characterized by the Occupy movements. He outlined the political risks they might pose, and at what might be done to diminish inequality and allow such workers to find a more stable labour identity. His concept and his conclusions have been widely taken up by thinkers from Noam Chomsky to Zygmunt Bauman, by political activists and by policy-makers. This new book takes the debate a stage further, looking in more detail at the kind of progressive politics that might form the vision of a Good Society in which such inequality, and the instability it produces, is reduced. A Precariat Charter discusses how rights - political, civil, social and economic - have been denied to the Precariat, and argues for the importance of redefining our social contract around notions of associational freedom, agency and the commons.
