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Author : Geoffrey Sigalet,Grégoire Webber,Rosalind Dixon
Publisher : Cambridge University Press
Page : 487 pages
File Size : 48,7 Mb
Release : 2019-05-02
Category : Law
ISBN : 9781108417587
Identifies how and why 'dialogue' can describe and evaluate institutional interactions over constitutional questions concerning democracy and rights.
Author : Peter Oliver,Patrick Macklem,Nathalie Des Rosiers
Publisher : Oxford University Press
Page : 1088 pages
File Size : 42,9 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 : Po Jen Yap
Publisher : OUP Oxford
Page : 240 pages
File Size : 49,6 Mb
Release : 2015-07-16
Category : Law
ISBN : 9780191055935
In a comprehensive examination of the constitutional systems of Hong Kong, Malaysia, and Singapore, Po Jen Yap contributes to a field that has traditionally focussed on Western jurisdictions. Drawing on the history and constitutional framework of these Asian law systems, this book examines the political structures and traditions that were inherited from the British colonial government and the major constitutional developments since decolonization. Yap examines the judicial crises that have occurred in each of the three jurisdictions and explores the development of sub-constitutional doctrines that allows the courts to preserve the right of the legislature to disagree with the courts' decisions using the ordinary political processes. The book focusses on how these novel judicial techniques can be applied to four core constitutional concerns: freedom of expression, freedom of religion, right to equality, and criminal due process rights. Each chapter examines one core topic and defends a model of dialogic judicial review that offers a compelling alternative to legislative or judicial supremacy.
Author : Louis Fisher
Publisher : Unknown
Page : 0 pages
File Size : 49,5 Mb
Release : 2016-04-19
Category : Electronic
ISBN : 0691634173
Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : Alison L. Young
Publisher : Oxford University Press
Page : 336 pages
File Size : 54,8 Mb
Release : 2017
Category : Law
ISBN : 9780198783749
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens, and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law, and EU law. It also evaluates court-court dialogue between the UK court, the European Court of Justice, and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
Author : Louis Fisher
Publisher : Princeton University Press
Page : 317 pages
File Size : 41,6 Mb
Release : 2014-07-14
Category : Law
ISBN : 9781400859573
Who makes constitutional law? Is constitutional doctrine the monopoly of the courts? In accessible and persuasive prose Louis Fisher explains that constitutional law is not solely or even primarily the Supreme Court's "final word" but rather a richly political convergence of separate interpretations. With a broad range of examples, he argues that constitutional principles emerge from a dialogue among all three branches of government--executive, legislative, and judicial. Important contributions also come from the states and the general public. Fisher identifies executive and legislative initiatives in many areas of constitutional significance. Where there is litigation, the Court generally upholds these initiatives or may avoid making a constitutional decision by using "threshold devices." On those rare occasions when the Supreme Court exercises judicial review and strikes down a presidential or congressional action, it is usually only a matter of time before the proposal is revived and the dialogue begins again. Originally published in 1988. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These editions preserve the original texts of these important books while presenting them in durable paperback and hardcover editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905.
Author : S. Kenney,W. Reisinger,J. Reitz
Publisher : Springer
Page : 274 pages
File Size : 40,8 Mb
Release : 1999-01-28
Category : Political Science
ISBN : 9780333982518
From Russia and Hungary to the United States and Canada, including Britain, France, and Germany, courts are increasingly recognised as political institutions that are important players in political systems. In addition, transnational courts such as the European Court of Justice and European Court of Human Rights are extending their reach and affecting more than ever the politics of member states. The book contains essays written by scholars of law and political science exploring in interdisciplinary fashion the relationship between law and politics in cross-national perspective, focusing principally on contemporary Europe.
Author : Janet Hiebert,Canada. Department of Justice. Research and Statistics Division
Publisher : Unknown
Page : 15 pages
File Size : 44,7 Mb
Release : 2000
Category : Constitutional law
ISBN : OCLC:785706023
Author : Vittoria Barsotti,Paolo G. Carozza,Marta Cartabia,Andrea Simoncini
Publisher : Routledge
Page : 290 pages
File Size : 47,6 Mb
Release : 2021-04-27
Category : Law
ISBN : 9781000217315
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Author : Alison L Young
Publisher : Oxford University Press
Page : 400 pages
File Size : 43,7 Mb
Release : 2017-02-10
Category : Law
ISBN : 9780191086298
Constitutions divide into those that provide for a constitutionally protected set of rights, where courts can strike down legislation, and those where rights are protected predominantly by parliament, where courts can interpret legislation to protect rights, but cannot strike down legislation. The UK's Human Rights Act 1998 is regarded as an example of a commonwealth model of rights protections. It is justified as a new form of protection of rights which promotes dialogue between the legislature and the courts - dialogue being seen not just as a better means of protecting rights, but as a new form of constitutionalism occupying a middle ground between legal and political constitutionalism. This book argues that there is no clear middle ground for dialogue to occupy, with most theories of legal and political constitutionalism combining legal and political protections, as well as providing an account of interactions between the legislature and the judiciary. Nevertheless, dialogue has a role to play. It differs from legal and political constitutionalism in terms of the assumptions on which it is based and the questions it asks. It focuses on analysing mechanisms of inter-institutional interactions, and assessing when these interactions can provide a better protection of rights, facilitate deliberation, engage citizens and act as an effective check and balance between institutions of the constitution. This book evaluates dialogue in the UK constitution, assessing the protection of human rights through the Human Rights Act 1998, the common law and EU law. It also evaluates court-court dialogue between the UK court and the European Court of Justice and the European Court of Human Rights. The conclusion evaluates the implications of the proposed British Bill of Rights and the referendum decision to leave the European Union.
Author : Vittoria Barsotti,Paolo G. Carozza,Marta Cartabia,Andrea Simoncini
Publisher : Routledge
Page : 407 pages
File Size : 55,5 Mb
Release : 2021-04-27
Category : Law
ISBN : 9781000217476
This collection adopts a distinctive method and structure to introduce the work of Italian constitutional law scholars into the Anglophone dialogue while also bringing a number of prominent non-Italian constitutional law scholars to study and write about constitutional justice in a global context. The work presents six distinct areas of particular interest from a comparative constitutional perspective: first, the role of legal scholarship in the work of constitutional courts; second, structures and processes that contribute to more “open” or “closed” styles of constitutional adjudication; third, pros and cons of collegiality in the work of constitutional courts; fourth, forms of access by individuals to constitutional justice; fifth, methods of constitutional interpretation; and sixth, the relationship between national constitutional adjudication and the transnational context. In each of these six areas, the volume sets up a new and genuine constitutional dialogue between an Italian scholar presenting a discussion and critical assessment of the specific topic, and a non-Italian scholar who responds elaborating the issue as seen from constitutional law beyond the Italian system. The resulting six such dialogues thus provide a dynamic, in-depth, multidimensional, national and transnational/comparative examination of these areas in which the `Italian style’ of constitutional adjudication has a distinctive contribution to make to comparative constitutional law in general. Fostering a deeper knowledge of the Italian Constitutional Court within the comparative global space and advancing a creative and fruitful methodological approach, the book will be fascinating reading for academics and researchers in comparative constitutional law.
Author : Raoul Blindenbacher
Publisher : McGill-Queen's Press - MQUP
Page : 78 pages
File Size : 54,7 Mb
Release : 2005-02-14
Category : Political Science
ISBN : 9780773573062
These lively, timely, and accessible dialogues on federal systems provide a comparative snapshot of each topic and include comparative analyses, glossaries of country-specific terminology, and a timeline of major constitutional events. Countries considered include Argentina, Australia, Austria, Belgium, Brazil, Canada, Germany, India, Mexico, Nigeria, Russia, South Africa, Spain, Switzerland, and the United States. Whether you are a student or teacher of federalism, working in the field of federalism, or simply interested in the topic, these booklets will prove to be an insightful, brief exploration of the topic at hand in each of the featured countries. Contributors include Ignatius Ayua Akaayar (Federal Republic of Nigeria), Raoul Blindenbacher (Forum of Federations), Barbara Brook (Forum of Federations), Kris Deschouwer (Vrije Universiteit Brussel), Juan Marcos Gutiérrez González (Consul General of Mexico, Denver, CO), Rainer Knopff (University of Calgary), Jutta Kramer (Universität Hannover), Katy Le Roy (University of Melbourne), Akhtar Majeed (Hamdard University), Marat S. Salikov (Urals State Law Academy), Cheryl Saunders (University of Melbourne), Anthony M. Sayers (University of Calgary), Nicolas Schmitt, (Université de Fribourg), Celina Sousa (University of São Paulo), Nico Steytler (University of Western Cape), and G. Alan Tarr (Rutgers University).
Author : Janet L. Hiebert
Publisher : Unknown
Page : 0 pages
File Size : 43,8 Mb
Release : 2000
Category : Constitutional law
ISBN : OCLC:785706023
One explanation of the influence of the Canadian Charter of Rights & Freedoms, first put forth by Hogg & Bushell in 1997, has gained rapid acceptance by legal commentators & Supreme Court justices: that the Charter facilitates parliamentary/judicial dialogue. This discussion paper argues that the concept of inter-institutional dialogue is potentially far richer than is portrayed by Hogg & Bushell, and that their characterization of Parliament's role understates the role that parliament can & does make to dialogue. Issues discussed include: who initiates dialogue; the influence of initial legislative decisions by Charter considerations; the initiation of dialogue by Parliament; dialogue around Section 1 of the Charter; the helpfulness of judicial suggestions; assessment of Charter risk; the use of the override clause; transparency in Charter analysis on behalf of government; and changes to common law as a venue for dialogue. The concluding section offers a suggestion to improve Parliament's contribution to dialogue.
Author : James B. Kelly,Christopher P. Manfredi
Publisher : UBC Press
Page : 650 pages
File Size : 54,7 Mb
Release : 2010
Category : Law
ISBN : 9780774816762
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 : Amrei Müller,Hege Elisabeth Kjos
Publisher : Cambridge University Press
Page : 641 pages
File Size : 54,7 Mb
Release : 2017-05-25
Category : Law
ISBN : 9781107173583
A comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights.