Constitutional Crossroads

Author : Kate Puddister,Emmett Macfarlane
Publisher : UBC Press
Page : 521 pages
File Size : 55,9 Mb
Release : 2022-12-01
Category : Political Science
ISBN : 9780774867948

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Constitutional Crossroads by Kate Puddister,Emmett Macfarlane Pdf

Four decades have passed since the adoption of the Constitution Act, 1982. Now it is time to assess its legacy. Constitutional Crossroads brings together an impressive assembly of established and rising stars of political science and law, who not only provide a robust account of the 1982 constitutional reform but also analyze the ensuing scholarship that has shaped our understanding of the Constitution. Contributors bypass historical description to offer reflective assessments of issues such as sovereignty, identity and pluralism, the scope and limits of rights, competing constitutional visions, the relationship between the state and Indigenous peoples, and the nature and methods of constitutional change.

Author : Nicole M. Elias,Amanda M. Olejarski
Publisher : Routledge
Page : 224 pages
File Size : 52,7 Mb
Release : 2020-06-02
Category : Political Science
ISBN : 9781000041156

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Ethics for Contemporary Bureaucrats by Nicole M. Elias,Amanda M. Olejarski Pdf

In the current United States (U.S.) context, we are facing a constitutional crisis with frequent government shutdowns and new debates surrounding immigration, climate change, budgeting practices, and the balance of power. With competing interests, unclear policy, and inconsistent leadership directives, the question becomes: How do contemporary bureaucrats make sense of this ethically turbulent environment? This collection provides a lens for viewing administrative decision-making and behavior from a constitutional basis, as contemporary bureaucrats navigate uncharted territory. Ethics for Contemporary Bureaucrats is organized around three constitutional values: freedom, property, and social equity. These themes are based on emerging trends in public administration and balanced with traditional ethical models. Each chapter provides an overview of a contemporary ethical issue, identifies key actors, institutions, legal and legislative policy, and offers normative and practical recommendations to address the challenges the issue poses. Rooted in a respected and time-tested intellectual history, this volume speaks to bureaucrats in a modern era of governance. It is ideally suited to educate students, scholars, and public servants on constitutional values and legal precedent as a basis for ethics in the public sector.

Author : Michael Nelson,Barbara A. Perry
Publisher : University of Virginia Press
Page : 385 pages
File Size : 46,6 Mb
Release : 2021-04-29
Category : History
ISBN : 9780813946061

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The Presidency by Michael Nelson,Barbara A. Perry Pdf

Following the election of Donald Trump, the office of the U.S. president has come under scrutiny like never before. Featuring penetrating insights from high-profile presidential scholars, The Presidency provides the deep historical and constitutional context needed to put the Trump era into its proper perspective. Identifying key points at which the constitutional presidency could have evolved in different ways from the nation’s founding days to the present, these scholars examine presidential decisions that determined the direction of the nation and the world. Contributors Bradley R. DeWees, U.S. Air Force * Richard J. Ellis, Willamette University * Stefanie Georgakis Abbott, University of Virginia * Joel K. Goldstein, Saint Louis University * Jennifer Lawless, University of Virginia * Sidney M. Milkis, University of Virginia * Sairkrishna Bangalore Prakash, University of Virginia * Russell L. Riley, University of Virginia * Andrew Rudalevige, Bowdoin College * Sean Theriault, University of Texas at Austin

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 228 pages
File Size : 55,6 Mb
Release : 2021-04-01
Category : Law
ISBN : 9780774866248

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Constitutional Pariah by Emmett Macfarlane Pdf

The Canadian Senate has long been considered an institutional pariah, viewed as an undemocratic, outmoded warehouse for patronage appointments and mired in spending and workload scandals. In 2014, the federal government was compelled to refer constitutional questions to the Supreme Court relating to its attempts to enact senatorial elections and term limits. Constitutional Pariah explores the aftermath of Reference re Senate Reform, which barred major unilateral alteration of the Senate by Parliament. Ironically, the decision resulted in one of the most sweeping parliamentary reforms in Canadian history, creating a pathway to informal changes in the appointments process that have curbed patronage and partisanship. Despite reinvigorating the Senate, Reference re Senate Reform has far-reaching implications for constitutional reform in other contexts. Macfarlane’s sharp critique suggests that the Court’s nebulous approach to the amending formula raises the spectre of a frozen constitution, unable to evolve with the country.

Author : Justin Orlando Frosini
Publisher : Maggioli Editore
Page : 177 pages
File Size : 43,6 Mb
Release : 2012
Category : Law
ISBN : 9788838765735

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Constitutional Preambles. At a Crossroads Between Politics and Law by Justin Orlando Frosini Pdf

Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 650 pages
File Size : 54,7 Mb
Release : 2010
Category : Law
ISBN : 9780774816762

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Contested Constitutionalism by James B. Kelly,Christopher P. Manfredi Pdf

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 : William J. Watkins, Jr.
Publisher : Independent Institute
Page : 459 pages
File Size : 44,8 Mb
Release : 2016-10-01
Category : Law
ISBN : 9781598132816

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Crossroads for Liberty by William J. Watkins, Jr. Pdf

What did the American Founders actually intend for the country, and does it even matter today? If America began as an idea, then what kind of idea? In a time of increasing turmoil over American history, politics, and society, Crossroads for Liberty: Recovering the Anti-Federalist Values of America's First Constitution takes a surprising and thought-provoking look at the American Revolution, the Articles of Confederation, and the Constitution, and asks what we can learn from them. Author William Watkins casts a critical eye on conventional wisdom about the Articles of Confederation, as he outlines the differences between that original U.S. governing document and the Constitution, which replaced it. He finds that the Articles protected individual liberty and community-centered government in ways that the looser language of the U.S. Constitution did not. Watkins draws from contemporary examples of bureaucratic overreach and expansion to support his argument—examples that were startlingly predicted by proponents of small government at the time of the Constitution's adoption. Along the way, he points back to the Articles and the values of the American Revolution as a framework for reimagining American politics to foster liberty and truly representative governance. Crossroads for Liberty arrives at an important time in American political life, and its reexamination of the American Founding presents a significant contribution to the story about America. Readers will come away with a greater understanding of current political and constitutional issues, as well as a new perspective on American history.

Author : Johnathan O'Neill
Publisher : JHU Press
Page : 308 pages
File Size : 53,9 Mb
Release : 2005-07-12
Category : History
ISBN : 0801881110

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Originalism in American Law and Politics by Johnathan O'Neill Pdf

This book explains how the debate over originalism emerged from the interaction of constitutional theory, U.S. Supreme Court decisions, and American political development. Refuting the contention that originalism is a recent concoction of political conservatives like Robert Bork, Johnathan O'Neill asserts that recent appeals to the origin of the Constitution in Supreme Court decisions and commentary, especially by Justices Antonin Scalia and Clarence Thomas, continue an established pattern in American history. Originalism in American Law and Politics is distinguished by its historical approach to the topic. Drawing on constitutional commentary and treatises, Supreme Court and lower federal court opinions, congressional hearings, and scholarly monographs, O'Neill's work will be valuable to historians, academic lawyers, and political scientists.

Author : Kate Puddister
Publisher : UBC Press
Page : 290 pages
File Size : 48,8 Mb
Release : 2019-05-01
Category : Law
ISBN : 9780774861137

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Seeking the Court’s Advice by Kate Puddister Pdf

Can Parliament legalize same-sex marriage? Can Quebec unilaterally secede from Canada? Can the federal government create a national firearms registry? Each of these questions is contentious and deeply political, and each was addressed by a court in a reference case, not by elected policy makers. Reference cases allow governments to obtain an advisory opinion from a court without a live dispute or opposing litigants – and governments often wield this power strategically. The first study of its kind, Seeking the Court’s Advice draws on over two hundred reference cases from 1875 to 2017 to show that the actual outcome of a reference case – win or lose – is often secondary to the political benefits that can be attained from relying on courts through the reference power.

Author : William J. Watkins
Publisher : Unknown
Page : 0 pages
File Size : 51,6 Mb
Release : 2016
Category : History
ISBN : 1598132792

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Crossroads for Liberty by William J. Watkins Pdf

What did the American Founders actually intend for the country, and does it even matter today? If America began as an idea, then what kind of idea? In a time of increasing turmoil over American history, politics, and society, Crossroads for Liberty: Recovering the Anti-Federalist Values of America's First Constitution takes a surprising and thought-provoking look at the American Revolution, the Articles of Confederation, and the Constitution, and asks what we can learn from them. Crossroads for Liberty arrives at an important time in American political life, and its reexamination of the American Founding presents a significant contribution to the story about America. Readers will come away with a greater understanding of current political and constitutional issues, as well as a new perspective on American history.

Author : Emmett Macfarlane
Publisher : UBC Press
Page : 266 pages
File Size : 43,5 Mb
Release : 2013
Category : History
ISBN : 9780774823500

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Governing from the Bench by Emmett Macfarlane Pdf

In Governing from the Bench, Emmett Macfarlane draws on interviews with current and former justices, law clerks, and other staff members of the court to shed light on the institution’s internal environment and decision-making processes. He explores the complex role of the Supreme Court as an institution; exposes the rules, conventions, and norms that shape and constrain its justices’ behavior; and situates the court in its broader governmental and societal context, as it relates to the elected branches of government, the media, and the public.

Author : Saikrishna Bangalore Prakash
Publisher : Harvard University Press
Page : 353 pages
File Size : 41,8 Mb
Release : 2020-04-21
Category : Political Science
ISBN : 9780674245211

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The Living Presidency by Saikrishna Bangalore Prakash Pdf

A constitutional originalist sounds the alarm over the presidency’s ever-expanding powers, ascribing them unexpectedly to the liberal embrace of a living Constitution. Liberal scholars and politicians routinely denounce the imperial presidency—a self-aggrandizing executive that has progressively sidelined Congress. Yet the same people invariably extol the virtues of a living Constitution, whose meaning adapts with the times. Saikrishna Bangalore Prakash argues that these stances are fundamentally incompatible. A constitution prone to informal amendment systematically favors the executive and ensures that there are no enduring constraints on executive power. In this careful study, Prakash contends that an originalist interpretation of the Constitution can rein in the “living presidency” legitimated by the living Constitution. No one who reads the Constitution would conclude that presidents may declare war, legislate by fiat, and make treaties without the Senate. Yet presidents do all these things. They get away with it, Prakash argues, because Congress, the courts, and the public routinely excuse these violations. With the passage of time, these transgressions are treated as informal constitutional amendments. The result is an executive increasingly liberated from the Constitution. The solution is originalism. Though often associated with conservative goals, originalism in Prakash’s argument should appeal to Republicans and Democrats alike, as almost all Americans decry the presidency’s stunning expansion. The Living Presidency proposes a baker’s dozen of reforms, all of which could be enacted if only Congress asserted its lawful authority.

Author : Adrienne Sarah Ackary Stone,George Williams
Publisher : Unknown
Page : 242 pages
File Size : 50,7 Mb
Release : 2000
Category : Constitutional law
ISBN : 1862873712

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The High Court at the Crossroads by Adrienne Sarah Ackary Stone,George Williams Pdf

Between 1995 and 1998, five of the seven judges of the High Court resigned or retired. Has the change in personnel resulted in an equal shift in approach? Does the new bench adhere to the policy-oriented approached that characterised the Mason Court? If not, has a coherent, consistent but different line emerged? What conclusions can be drawn? Yes to the first question, firmly answer the leading practitioners and academics who contribute to this book on current trends in constitutional interpretation. But No, to the second and third. Most members of the current Court, they argue, appear unwilling to embrace the Mason Court's approach. Recent decisions, their analyses show, reflect new approaches to constitutional interpretation but ones that are at times more contradictory than consistent. This book covers the most important topics in contemporary constitutional law, and contains new insights and fresh approaches from leading writers from around Australia. Each Chapter deals with a topic of great contemporary interest and is written in a form that will appeal to practising lawyers as well as academics.

Author : Timothy J. Shannon
Publisher : Cornell University Press
Page : 292 pages
File Size : 53,7 Mb
Release : 2002
Category : History
ISBN : 0801488184

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Indians and Colonists at the Crossroads of Empire by Timothy J. Shannon Pdf

On the eve of the Seven Years' War in North America, the British crown convened the Albany Congress, an Anglo-Iroquois treaty conference, in response to a crisis that threatened imperial expansion. British authorities hoped to address the impending collapse of Indian trade and diplomacy in the northern colonies, a problem exacerbated by uncooperative, resistant colonial governments. In the first book on the subject in more than forty-five years, Timothy J. Shannon definitively rewrites the historical record on the Albany Congress. Challenging the received wisdom that has equated the Congress and the plan of colonial union it produced with the origins of American independence, Shannon demonstrates conclusively the Congress's importance in the wider context of Britain's eighteenth-century Atlantic empire. In the process, the author poses a formidable challenge to the Iroquois Influence Thesis. The Six Nations, he writes, had nothing to do with the drafting of the Albany Plan, which borrowed its model of constitutional union not from the Iroquois but from the colonial delegates' British cousins. Far from serving as a dress rehearsal for the Constitutional Convention, the Albany Congress marked, for colonists and Iroquois alike, a passage from an independent, commercial pattern of intercultural relations to a hierarchical, bureaucratic imperialism wielded by a distant authority.

Author : Stephen B Burbank,Barry Friedman
Publisher : SAGE
Page : 308 pages
File Size : 53,8 Mb
Release : 2002-04-02
Category : Law
ISBN : 0761926577

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Judicial Independence at the Crossroads by Stephen B Burbank,Barry Friedman Pdf

This volume is a collection of essays on the contentious issues of judicial independence and federal judicial selection, written by leading scholars from the disciplines of law, political science, history, economics, and sociology.